Worker argues client company exercised 'employer-like control' over daily duties
The Employment Relations Authority recently dealt with a labour hire dispute where a trades assistant sought to join the hospital where he worked as a "controlling third party" in his personal grievance case against his direct employer.
The worker was employed by a labour hire company but assigned to work at a hospital for nearly a year before the hospital requested his removal, leading to his immediate dismissal.
He argued that the hospital exercised employer-like control over his daily work and contributed to his dismissal despite not being his legal employer.
The worker was employed by a labour hire company from December 2022 and assigned to work as a trades assistant at a hospital operated by a separate health organisation.
The assignment was described as lasting "six months plus" with Monday to Friday hours from 7:30am to 4:00pm, involving general engineering and trades assistance duties.
The worker's employment agreement with the labour hire company documented his role as completing "general engineer duties as directed, assisting trades people with mechanical tasks which will be varied from general tasks such as repairing facilities such as pumps, motors, guttering, pipes etc and other duties as required."
His leave and pay were managed entirely by the labour hire company, while the hospital provided timesheets and paid...
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