[2025] FWC 78
Citation: [2025] FWC 78
At a glance
- Employees affected
- 1
What happened
Rose Nagy worked as a casual labour hire worker with Workforce Recruitment Labour Services Pty Ltd, then transitioned to ProQuest Recruitment Pty Ltd. She was assigned to Central HealthCare (later Sigma HealthCare) for approximately seven years. In July 2024, she made a work-related error. Sigma requested ProQuest no longer assign her, and on July 21, 2024, ProQuest informed her the assignment had ended, stating she remained employed and would be considered for other roles. Nagy considered this termination of her employment. She filed an unfair dismissal application.
What was decided
The Fair Work Commission found ProQuest dismissed Rose Nagy when her assignment with Sigma HealthCare ended. The Commission determined the dismissal was unfair. However, it decided ordering reinstatement or compensation was not appropriate in this case. The Commission considered a contract between ProQuest and Sigma and ProQuest’s standard Casual Employment Agreement. The Commission found the Casual Employment Agreement did not support ProQuest’s argument that an ongoing employment relationship existed independent of assignments.
What it means for employers
Employers using labour hire arrangements need to carefully consider how assignment terminations are handled. Clearly communicating the ongoing employment status of employees after assignment termination is crucial. Relying on standard contracts alone may not be sufficient to establish an ongoing employment relationship.
What it means for employees
Employees in labour hire arrangements should understand their employment terms and conditions, particularly regarding assignment termination. If an assignment ends and there's no clear communication about continued employment, it may be considered a dismissal.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc78.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →