His assignment ended - but did that end his job? The Commission drew a sharp line

When a casual worker's assignment ends, has the worker been fired? Not automatically. And a Fair Work Commission decision handed down on May 21, 2026, spells out why that distinction matters for any employer using labour hire.

Nikita Ulyanin was a casual employee of Hays, a recruitment and labour-supply firm. On October 27, 2025, he started an assignment at one of Hays' clients. On his third working day, two things happened: he raised a workplace health and safety complaint with his manager, and - according to the decision - he "allegedly abused a co-worker." The client told Hays he was not to return to its site.

Ulyanin treated that as a dismissal. He filed a general protections claim under section 365 of the Fair Work Act 2009, arguing the sacking breached the Act. He even joined the client to the claim as an alleged accessory.

Here is the catch that decided it. A general protections dismissal claim only works if the person was actually dismissed - and Hays argued he wasn't. His assignment had ended, but his casual employment with Hays was still on foot, and Hays kept trying to place him.

The Commission sided with Hays.

Deputy President Easton set out what makes casual labour hire different. A casual worker, the decision notes, has "no firm advance commitment from the employer to continuing and indefinite work." Assignments start and stop. The end of one does not, by itself, end the...

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