Can Adult Dancer’s claim Unfair Dismissal?
A recent Fair Work Commission decision involving a dancer at a Brisbane nightclub has highlighted a critical issue facing many workers in Australia’s entertainment and gig economy: just because you work for someone doesn’t mean you’re legally their employee.
In this case, the Commission found that the dancer, who alleged she was unfairly dismissed was not an employee at all, but an independent contractor. As a result, her case was dismissed at the first hurdle. This outcome is a warning to anyone working under non-traditional arrangements: before claiming unfair dismissal, you need to prove there was an employment relationship in the first place.
The dancer began performing at a Fortitude Valley nightclub in late 2023. She entered into a written agreement with the club that allowed her to perform in the venue’s lap dance rooms in exchange for paying the club a booking fee. The club did not pay her wages, superannuation, or any other entitlements. Instead, she earned income directly from patrons, usually in cash.
She chose her own hours via an app called Deputy, negotiated her own fees with clients, and could even organise substitutes if she couldn’t make a shift. She wasn’t told what to wear, didn’t use club-branded gear, and was required to bring her own props if needed. The only real restrictions came from Queensland liquor and entertainment laws, not the club itself.
At some point, the working relationship ended, and the dancer lodged a claim with the Fair Work Commission alleging she had been unfairly dismissed. But the nightclub pushed back, arguing that she was never their employee to begin with.
Why the Claim Failed: Not an “Employee” Under the Law
To bring a claim under Australia’s unfair dismissal laws, the applicant must prove they were dismissed from employment and that means being an employee, not a contractor.
The Commission looked at the full picture, the contract and how it played out in practice — and found the dancer was running her own business, not working in someone else’s.
Some of the key facts that led to this conclusion:
The dancer paid the club a fee to perform;
She earned money directly from clients, not from the club;
She set her own roster and performance routines;
The club didn’t provide tools, uniforms, or entitlements;
The club had little to no control over how she did her work.
While the contract did contain some clauses that gave the club a degree of authority (such as potential changes to duties or shifts), the Commission was more persuaded by what actually happened in practice — and the reality was that the dancer retained control over her work.
One striking aspect of the case was that the dancer didn’t attend the hearing or submit any evidence in her favour. Although she had alleged that the club directed aspects of her work and breached the contract terms, these claims couldn’t be considered without supporting documents or testimony.
The Commission made it clear: if the hearing had gone ahead with both sides presenting evidence, the outcome might have been different. But with only the nightclub’s version of events on the record, the Commission had little choice but to rule that the dancer was not an employee — and therefore not entitled to bring an unfair dismissal claim.
Why This Case Matters
This case is a reminder that unfair dismissal laws only protect employees, not contractors. And it’s not just about what’s in your contract; it’s about what happens day-to-day in the real world.
If you:
Set your own hours,
Get paid directly by clients or customers,
Bring your own tools or gear,
Work without entitlements like sick leave or super,
And carry financial risk (e.g. paying to work, covering your own losses),
...then you may legally be a contractor — even if you feel like part of the team.
For workers in adult entertainment, hospitality, freelance work, or on platforms like Uber or Deliveroo, this distinction can have serious implications for your rights.
