Labour hire - take nothing for granted

The use of labour hire workers has become a common part of the resourcing mix for many workplaces. While their use remains contentious in some spheres, the surrounding legal framework has become relatively settled. Against that background, a decision of the Fair Work Commission in late 2020 sent ripples through the host company community when a labour hire worker was reinstated to work at a host's worksite.

The labour hire worker had worked at the host's worksite for around 3 years under a labour hire arrangement between the labour hire company and the host. Following a history of concerns and ultimately a safety related incident, the host required the labour hire company to remove the worker from the worksite. The worker was subsequently dismissed, and commenced unfair dismissal proceedings against the labour hire company.