On 23 December 2016 Mr Trialonas made an unfair dismissal application to the Fair Work Commission pursuant to section 394 of the Fair Work Act 2009. Mr Trialonas sought a financial remedy from his employer, which he identified as “3D Scaffolding”.
In Australia, an employee cannot make a claim for unfair dismissal if the dismissal was a case of “genuine redundancy”. So, the relevant question is: what is the difference between a genuine and a non genuine redundancy ?
Determining your unfair dismissal eligibility, and whether you are eligible to make an unfair dismissal claim, can be confusing. You must meet all 5 of the following criteria to make an unfair dismissal claim:
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.