Labour Hire Employees and Unfair Dismissal

It is estimated that 5% of the Australian workforce are engaged through labour hire agencies. These workers are often referred to as agency staff or temps. Labour hire arrangements are unique because there are three parties to the employment relationship. The employee, the agency and the host employer. Due to this complexity there is often confusion about protection from unfair dismissal for agency staff. Further confusion arises when identifying which party is the actual employer. This article explores how the FWC has recently considered the connection between labour hire employees and unfair dismissal.

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