the Applicant v High Level Recruitment Pty Ltd
At a glance
- 1
What happened
the Applicant worked as a casual labour hire employee for High Level Recruitment Pty Ltd, trading as Job Connect. In November 2025, he signed a Temporary Assignment Agreement. He was assigned to PFD Food Services, but due to family reasons, he couldn't start the assignment as planned. After commencing the assignment on February 2, 2026, PFD reported concerns about his behaviour, leading Job Connect to terminate his assignment with PFD on February 5, 2026. Job Connect informed the Applicant that he was no longer required at PFD but might be offered future assignments. the Applicant then emailed Job Connect seeking clarification, and Job Connect claims to have informed him he remained an employee.
What was decided
The Fair Work Commission found that the Applicant was not dismissed by Job Connect. The Commission determined that terminating an assignment doesn't automatically terminate the employee's employment with a labour hire company. The decision emphasized that the Applicant’s understanding, as evidenced by his email to Job Connect, was that only his assignment with PFD had ended, and he might be offered future placements. The application under s 365 of the Fair Work Act was dismissed.
What it means for employers
Employers, particularly labour hire companies, should be aware that terminating an assignment doesn't necessarily terminate the employee's employment contract. Clear communication is crucial when ending assignments, ensuring employees understand their ongoing employment status and potential for future work. Maintaining records of communication with employees is also important.
What it means for employees
Employees working through labour hire companies should carefully review their contracts to understand their rights and obligations. If an assignment ends, it doesn't always mean the employment relationship has ended. Seek clarification from the labour hire company regarding your ongoing employment status and potential for future assignments.
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