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Employers defeat dismissal claim from worker still "on the books"

A labour hire worker has been blocked from pursuing a general protections claim against two purported employers, with the Fair Work Commission accepting that neither terminated his employment.

The employee remained "on the books" with the first company, while the second was never his employer, Commissioner Bernie Riordan said.

The employee filed a general protections dismissal claim against labour hire company Trojan Workforce No.4 and its client DHL Express (Australia), but both raised jurisdictional objections to his application.

The employee had worked at DHL's site since September 2023 until May this year, when he reported having sustained a workplace injury in March.

DHL had no record of even a verbal injury report at the time, it said. Meanwhile Trojan's workers' compensation insurer noted in its system that two different injury dates had been recorded, while no incident was reported to either employer at the time...

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