Unfair dismissal and labour hire employees

According to the Australian Bureau of Statistics (ABS), five percent of Australian employees currently in the workforce are labour hire employees, and for the most part, will be considered as casual employees. Because most agency employees will hold a casual status, they’ll generally have the same benefits and liabilities as their casual cohorts. So with that being said, labour hire employees will probably be no different from other types of employees in that they’ll hold the same concerns and fears in regards to matters such as job security, however, unlike part-time or full-time employees, labour hire workers have limited recourse in the event of an unfair dismissal. So the inquiry that needs to be asked is: What options are available to a labour hire/agency worker in the event of an unfair dismissal? The question is worth exploring especially when we take into account the limited rights available to casual employees if they wish to initiate an unfair dismissal claim under the Fair Work Act 2009 (Cth) (the FWA).

If a labour hire employee is not offered any further work by the labour hire agency, this may constitute a ‘dismissal’, although, industrial awards and instruments found within state legislation may make special provisions in regards to notice and other such requirements. However, in the absence of such provisions, we can look to case law for some guidance in regards to dismissal of a labour hire employee.

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