The RTBU is targeting a labour hire company's training school and its top executives with a backpayment claim for unremunerated "on-the-job" learning, potentially covering hundreds of past and present participants that the union characterises as "employees".
Labour hire company Spinifex Recruiting has again come under fire for its reliance on a "misnamed" temporary employment agreement, with an FWC full bench rejecting its argument that it did not dismiss a casual worker because its client merely exercised its discretion to terminate her assignment.
Class action law firm Adero says it believes labour supplier One Key Workforce wound up owing more than 2000 mineworkers on casual contracts far more than the $38 million sum estimated by administrators, as it prepares to file a claim holding its parent company liable as their "true employer".
In an important interlocutory ruling, the Federal Court has today restrained mining giant BHP Coal from stopping a reinstated labour hire mineworker returning to the job at its Bowen Basin coal mine.
Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.
A lawyer representing five labour hire fruit pickers who withdrew an underpayments test case after winning a $150,000 settlement says he would welcome a "global settlement" for other claimants, while the employer accuses the NUW of funding the litigation in an effort to extend its patch.
The FWC has ordered a labour hire company to return a casual mineworker to her former position at a BHP Coal mine, despite late evidence that the mining giant that ordered her removal won't consider reinstatement.
In a case alerting labour hire companies to the dangers of carrying out dismissals at a client's behest, the FWC has opened the way for a casual labour hire mine worker to seek reinstatement after WorkPac took a directive to remove her as "a fait accompli".
Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.
