Her claim failed on a finding that has major implications for casual employment
A casual mining operator rejected a job offer and flew home. Her unfair dismissal claim failed because the commission found she was never dismissed at all.
The February 3, 2026 decision has clarified a question that keeps labour hire employers up at night: when does a casual employment relationship actually end?
Kate Sainty worked as a casual plant operator for Karlayura Personnel, a small labour hire company servicing mining sites. In April 2024, she started at FMG's Solomon Hub. In January 2025, her employment transferred to Karlayura under a new contract that explicitly stated the employer "makes no commitment that you will continue to be engaged on a Longterm basis, or that you will be provided with ongoing employment."
In March 2025, FMG's senior supervisor raised issues about Sainty and requested Karlayura provide a replacement. On March 26, 2025, Karlayura's then-general manager Aidan Foster told Sainty she was no longer required at Solomon Hub but that he was arranging a new placement at FMG's Cloudbreak mine site.
Over the next two weeks, Foster and Sainty exchanged numerous messages about the Cloudbreak mobilization. She arrived on April 10, 2025, only to discover the role was for a dump truck operator, not the loader operator position she expected. Sainty told site management she couldn't perform dump truck work and contacted Foster.
Foster's position was straightforward: she could...
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