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Promise of future placement wasn't a "token gesture"

A recruitment company wasn't "disingenuous or tokenistic" in offering to find further engagements for an on-hire employee it removed from a client's site, the Fair Work Commission has accepted in dismissing his claim.

The casual employee alleged NX Blue breached the Fair Work Act's general protections provisions when it dismissed him, but the employer objected to facing his claim, arguing it hadn't sacked him.

The FWC heard that in August last year, the employer was advised by its client Future Generation Joint Venture (FGJV) that the employee and five others were not suitable for ongoing work at its Lobs Hole site. As a result, the workers were "demobilised".

The employer subsequently told the employee that he remained an "active employee", asked him to provide an updated resume and additional verification of his competencies and skills, and said it was looking for other assignments for him in the FGJV project or closer to home...