Labour hire worker denied right to appeal unfair dismissal rejection


Brisbane. A worker who believed he was employed by a major equipment company has lost his appeal after the Commission confirmed he was hired by a separate labour hire firm.


Where: Brisbane
Case name: Robertson v Hastings Deering (Australia) Limited [2025] FWCFB 162
Date of decision: 31 July 2025
Link to full case: Click here to view decision


Who: Cameron Robertson, labour hire worker
What: Claimed unfair dismissal against Hastings Deering, alleging they were his employer
Outcome: Appeal refused. The Commission found he was employed by Haynes Mechanical, not Hastings Deering


Legal Principle/s:
• A person must be employed by the respondent company to claim unfair dismissal.
• An appeal must demonstrate a clear error and serve the public interest.
• Simply disagreeing with the decision is not enough to be granted an appeal.


Commentary:
This case shows that even if you work onsite for a company and are supervised by them, it doesn’t necessarily mean they are your employer for legal purposes.



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