The difference between end of assignment and dismissal just got clearer
Does pulling a casual worker off a client's site amount to dismissal? A 1 April 2026 Fair Work ruling says no.
Ms Duyen Ho, a casual chemist, was placed by labour hire agency Persol Staffing Australia Pty Ltd at the Clayton plant of PPG Industries Australia Pty Ltd through an on-hire arrangement that commenced on 2 December 2024. Her employment contract with Persol was clear from the outset: there was no guarantee of work, and the terms carried no entitlement to continuing and indefinite work.
On 19 November 2025, Ho was observed using her mobile phone inside the laboratory, a designated prohibited area under PPG's Life Critical Rules. Ho admitted the breach and apologised. Two days later, on 21 November 2025, Persol's Senior Recruitment Consultant George Koshy emailed her with PPG's decision: she would not be re-engaged at the Clayton site. The email went further. Koshy wrote: "I will reach out to you directly if a suitable role becomes available in the future, and I'm happy to support you in exploring other opportunities."
Ho replied on 8 December 2025. She acknowledged the situation, agreed that leaving PPG was the right call, and said she would be in touch after returning in February 2026, expressing a preference for part-time or flexible work. Koshy responded the same day, confirming the agency's readiness to assist with future opportunities.
Ho said she made further contact with Koshy in January...
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