the Applicant v 360 Personnel Pty Ltd
At a glance
- 1
What happened
the Applicant worked as a High Reach Forklift Operator for 360 Personnel Pty Ltd at Allied Pinnacle from November 2024 until December 2025. He was offered the role through an advertisement that suggested stable, ongoing work with potential for permanent transition. On December 12, 2025, he received a phone call informing him his employment ended due to performance and attendance issues. A separation certificate stated the reason as 'end of assignment'. An email confirming this end was sent but not received by the Applicant. He subsequently requested written confirmation and clarification, which went unanswered.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed from 360 Personnel Pty Ltd. The Commissioner rejected the Respondent’s jurisdictional objection arguing he wasn't dismissed but rather stood down due to workload fluctuations. It considered evidence including emails and witness statements, noting inconsistencies in the Respondent’s explanations for the end of his employment. Compensation was ordered.
What it means for employers
Employers using labour hire arrangements should ensure clear communication regarding assignment durations and reasons for termination. They must also confirm that employees receive important communications, especially written confirmations of employment changes. Using inconsistent language like 'end of assignment' and 'termination' can create confusion and undermine the employer’s position.
What it means for employees
Employees in similar situations should document all communication with their employers and seek clarification if unsure about the status of their employment. Union representation, as seen in this case, can be beneficial in navigating these issues.
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