the Applicant v The Trustee for NICOLA TANA FAMILY TRUST NO 6 & Evon Liu and Another
Citation: [2026] FWC 3233
What happened
the Applicant made a claim against The Trustee for Nicola Tana Family Trust No 6 and Evon Liu, alleging unfair dismissal. She also added Agri-Labour Australia Pty Ltd as a respondent. The claim relates to her employment at a farm in Forth, Tasmania, starting in early January 2026. She alleges her employment was terminated after a phone call on April 21, 2026, where she was told her placement would end. Agri-Labour Australia Pty Ltd, a labour hire agency, says it informed the farm that she was unsuccessful during a probationary period.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found she was not dismissed, as the first respondent was not her employer and the third respondent maintains she remains a current casual candidate. The Commission considered a similar previous case and the circumstances surrounding the phone call where she was informed her placement would end.
What it means for employers
Employers using labour hire agencies should ensure clear communication regarding employee performance and termination. Agencies should also be transparent with employees about the status of their engagements. It's important to document reasons for not continuing a worker's placement, even in casual arrangements.
What it means for employees
Employees should understand the terms of their casual employment, including the lack of guaranteed work. If unsure about the status of their employment, employees should seek clarification from their agency. Keep records of any communication regarding work opportunities or termination.
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This summary was drafted 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