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Employee dismissed on second day of work can pursue adverse action claim

An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.

The casual excavator operator for labour hire company, FT Workforce, claimed the employer took unlawful adverse action against him in dismissing him for making two complaints, and that host employer, CPB Contractors & DT Infrastructure, was involved in his employer's contraventions of the Fair Work Act.

But the employer and host objected on the basis the employee hadn't been dismissed...

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