Worker contends interview process and permanent role promises created direct employment relationship
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who claimed he was dismissed by a major equipment company, despite being employed through a labour hire agency.
The worker argued that he was effectively employed by the host company because he was interviewed by their workshop manager, completed their induction process, and was told he could become a permanent employee in the future.
He contended that the arrangement was a sham designed to avoid employment obligations, particularly given that both companies shared the same corporate parent.
However, the host company maintained that the worker was never their employee and had always been employed by the labour hire agency under a legitimate commercial arrangement.
The worker applied online for a job with the host company and stated he was "assured" he would be working with them directly.
He received a call from an employee at the labour hire agency about a position at the host company, who asked questions about his qualifications before passing his information to the host company for consideration.
The worker then had what he described as an interview with the workshop manager at the host company on 15 April 2024.
According to the workshop manager's evidence, this was a meeting rather than an interview, occurring because there...
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