A job applicant who launched a scathing critique of a digital marketing business in his application was subsequently hired but later fired, leading to an unsuccessful unfair dismissal claim. The case was heard by the Fair Work Commission.
Jacob Blatch applied for an appointment setter position at Omni Digital Marketing after seeing an advertisement on SEEK. In his application, Mr. Blatch directly addressed the founder, Alexander Bruce, and criticized the company's existing structure, referring to it as "a one man orchestra playing three instruments badly." He described Omni's setup as "a GoHighLevel (software) license and a Canva subscription holding hands in the dark."
Mr. Blatch also attacked the company's website, stating it "screams 'weekend project' with ambition" and likened it to a "$997 upsell webinar for 'Crypto Secrets with Alex.'" He further commented on Mr. Bruce's career transition from banking to marketing, suggesting it explained a hiring process that felt like "a credit check disguised as a funnel."
Despite the critical nature of his application, Mr. Blatch was hired by Omni Digital Marketing and began working remotely from Vietnam and the Philippines in July of the previous year. He was reportedly paid $35 per hour.
However, approximately six months into his employment, Mr. Blatch was terminated. His employer, Mr. Bruce, cited concerns over billed hours and low productivity. Mr. Bruce had reportedly asked Mr. Blatch to provide hourly updates on his productivity.
The dispute escalated when Mr. Blatch filed an unfair dismissal case with the Fair Work Commission. The central issue for the commission was whether Mr. Blatch was an employee or an independent contractor at the time of his dismissal.
Fair Work Commission Deputy President Judith Wright ruled that Mr. Blatch was a contractor. This decision was based, in part, on a recorded Zoom call where Mr. Blatch himself requested a contract and stated, "I'm a contractor despite the fact that I will be hopefully essential to the business."
Ms. Wright's determination highlighted that Mr. Blatch was engaged for specialized sales services, worked for other businesses concurrently, largely set his own hours and work location, and was to be paid based on Omni's revenue once profitable. Consequently, the unfair dismissal case was dismissed.
