TERMINATION OF EMPLOYMENT – identity of employer – demotion – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant initially employed by labour hire contractor in 2010 to supply security services to respondent who was sole provider of security services to Metro trains in Melbourne – alleged he had been employed directly by respondent since June 2010 working regular hours – applicant lodged complaint with Fair Work Ombudsman regarding underpayment of wages in 2016 – respondent denied they were employer – labour hire company also denied they were employer – applicant’s usual shifts cut by respondent, not offered tax forms to sign and couldn’t contact respondent – lodged unfair dismissal claim in September 2016 – shifts restored with reduced hours after two weeks – provided evidence to Commission of employment relationship with respondent – Commission not satisfied that respondent provided definitive evidence that applicant was not an employee – respondent submitted that in 2016 Metro made changes to its security requirements with consequential reduction in shifts required – applicant received notice in December of change of employer – did not consent to change – Commission satisfied applicant employed by respondent as a causal employee on a regular and systematic basis with an expectation of ongoing employment – not satisfied that the events of September 2016 can be described as dismissal – not satisfied that, given legitimate business reasons, reduction in circumstances was dismissal – Commission satisfied that applicant continued to provide security services to Metro despite not consenting to respondent changing his employer to a different labour hire company who had taken over the work – not necessary to determine whether or not applicant was dismissed in December 2016 – application dismissed. Khan v Risk Protection Group
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