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ARTICLE · 07 JULY 2017

Dismissing on-hired employees: A cautionary tale

Corrs Chambers Westgarth
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When dismissing an assigned employee, labour hire companies cannot simply rely on the process adopted by a host business.

AustraliaEmployment and HR
Janine Young
Janine Young
Justine Cheong
Justine Cheong
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In Tasmanian Ports Corporation Pty Ltd t/a Tasports v Gee [2017] FWCFB 1714 (18 May 2017) (Tasports), a Full Bench of the Fair Work Commission has clarified the obligations of labour hire employers when dismissing an employee.

The decision in Tasports makes it clear that, when determining whether to dismiss an employee, labour hire companies cannot simply rely on the process adopted by a host business.

THE FACTS OF THE CASE

Tasmanian Ports Corporation Pty Ltd (Tasports) is a State-owned company which owns and operates a number of ports in Tasmania. It also engages in a number of other commercial activities, including supplying labour to privately-owned ports. Amongst its clients is Grange Resources Limited (Grange), a mining company which processes and ships iron pellets on the north coast of Tasmania.

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