Fired by the recruitment agency or its client?

“…being a casual employee, (the worker’s) employment can be terminated at any time. This objection is misconceived as a basis for a jurisdictional objection to the continuance of a general protection claim because it is well established that casual employees have access to the general protection provisions of the Fair Work Act, provided they have been rejected as defined .”

The commission explained that under the Fair Work Act, the key factor in determining dismissal is whether the employer initiated the termination without the worker’s consent. They referred to established jurisprudence which states:

“(A) termination shall be at the (employer’s) initiative if the (employer’s) act results, directly or as a consequence, in the termination of the employment relationship – that is, if (the employer) had not taken action, (the worker) would have remained in work, and the employment is not voluntarily left by (the worker).”

The recruitment agency terminates its employment

The evidence showed that the recruitment agency terminated the employment relationship. The Commission observed:

“The evidence before me is that (the employer) brought end of employment relationship when he informed (the worker) that his services are no longer required.”