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Banned labour hire worker wins adverse action claim against host

It was difficult to characterise a labour hire company's refusal to place a worker at a client's site as "anything other than discrimination", the Federal Court has ruled in adverse action proceedings.

The WorkPac machinery operator performed duties at BM Alliance Coal Operations' (BMA) Goonyella Riverside coal mine between October 2013 and November 2017.

After she refused to perform a task, on the basis she considered it unsafe, a BMA resourcing specialist emailed the worker to say she was "no longer required" at the mine, and WorkPac terminated her employment a few days later.

She claimed unfair dismissal and in September 2018 the Fair Work Commission ordered WorkPac to reinstate her to her former position at the mine. But when WorkPac sought to do so, BMA refused to allow her to return...