The coach and the organisation had entered into a contract in 2015 which was expressed to be a voluntary services agreement. The contract stated that the relationship between the parties to the agreement was not an employment relationship, although the organisation paid the coach an honorarium which was essentially to provide recompense for out of pocket expenses for travel and food. The Fair Work Commission, in Grinholz v Football Federation Victoria Inc [2016] FWC 7976, held that the coach was a volunteer and not an employee and dismissed his unfair dismissal application.
This case is a reminder that organisations utilising volunteers should obtain confirmation in writing from the volunteer that they are rendering services on an ex gratia basis and that they are not an employee. Moreover, if an organisation is making payments to volunteers related to their voluntary work, such as honorariums, then it should be clearly stated that any payments are linked to out of pocket expenses, rather than for the hours worked or for the skills or qualifications of the volunteer.
