Kool v Adecco Industrial Pty Ltd T/A Adecco

Ms Kool applied for an unfair dismissal remedy against Adecco, a labour hire company, asserting that she was dismissed without valid reason or proper process. Adecco contested that Ms Kool was not dismissed but that her assignment at Nestle, a client of Adecco, had simply ended. The Deputy President found that Ms Kool was indeed dismissed because her placement at Nestle was terminated due to alleged misconduct, specifically clocking off other employees, and Adecco acquiesced in this decision without verifying the allegations. The Deputy President held that Ms Kool’s dismissal was unfair as Adecco failed to provide a valid reason for the dismissal, did not notify Ms Kool of the reason or give her an opportunity to respond, and did not warn her about the alleged misconduct. Additionally, the Deputy President noted that Adecco did not make reasonable efforts to redeploy Ms Kool after her dismissal. Consequently, the Deputy President found that Ms Kool’s dismissal was unfair and directed that a remedy be considered based on the material already before the Commission.