Why the worker's two months on agency books just unlocked his unfair dismissal claim
A casual electrical supervisor has cleared the first hurdle in his unfair dismissal case after the Fair Work Commission ruled his earlier labour-hire stint counted as service.
The decision, handed down by Commissioner Riordan on 15 May 2026 in Mr Trent Morgan v ADB Safegate Australia Pty Ltd, dismissed the employer's jurisdictional objection and is a useful read for HR teams managing casual and agency workforces.
Trent Morgan was placed at ADB Safegate Australia by labour-hire provider Celotti Workforce from 27 January to 30 March 2025. He then moved across to the company directly, starting as a casual Electrical Supervisor on 31 March 2025. His last paid shift was on 22 September 2025. ADB Safegate terminated his casual employment on 29 October 2025.
The employer argued Morgan had not completed the six-month minimum employment period required to bring an unfair dismissal application under section 394 of the Fair Work Act. On the company's calculation, he had logged 175 days of direct employment - short of six months.
Morgan ran two arguments. First, that the period after his last shift should still count - the company had sent him a letter dated 24 September 2025 saying he was "not required to attend work" while it considered further complaints. Second, and more usefully for HR readers, that his two months at Celotti should be added in, because the move into direct employment was a...
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