Worker maintains labour hire pattern proves systematic employment despite breaks

The Fair Work Commission (FWC) recently examined whether a casual registered nurse met the minimum employment period required to pursue an unfair dismissal claim.

The case involved a labour hire worker who completed multiple hospital assignments across different states before being removed from the employer's register due to alleged performance issues.

The worker argued her series of casual assignments with the labour hire company constituted continuous employment, meaning it should count towards the minimum employment period needed for unfair dismissal protection.

She maintained that despite gaps between assignments, her ongoing relationship with the employer demonstrated the systematic nature required under the Fair Work Act.

The employer contested the application, arguing that each hospital assignment was a separate contract with gaps that broke continuity of service. The employer claimed the worker's final assignment lasted only 24 days, leaving her well short of the six-month minimum period needed to pursue an unfair dismissal remedy.

Labour hire assignments create employment continuity debate

The employment relationship began on 2 October 2023 when the worker started as a casual registered nurse with a labour hire company specialising in nursing placements.

Over approximately 17 months, the worker completed nine distinct assignments across six different medical facilities in various...

Read Full Story: https://news.google.com/rss/articles/CBMi3AFBVV95cUxQZzF2enpBbEpqVzZia2VaTlZX...