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A general protections claimant can't proceed with her action against an employer she hadn't begun working for, after the Fair Work Commission found the parties had entered a binding contract, but there wasn't yet an employment relationship capable of being terminated.

"Employment contracts and employment relationships are related but distinct concepts," Deputy President Thomas Roberts stressed in his decision.

Determining only whether a dismissal had occurred, the Commission heard Abergeldie Personnel, the staffing arm of a broader infrastructure company, had sent a letter of offer on 29 August 2025, regarding a full-time commercial manager role that would start on 7 October.

The letter stated that "a more detailed employment agreement" would be sent once the applicant indicated her acceptance of the offer letter, and from that point on, the employer's communications referred to her as "the employee"...