Payslips without work: FWC decides on worker's unfair dismissal claim
10 Apr 2025
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The Fair Work Commission (FWC) recently dealt with a jurisdictional objection in an unfair dismissal case that explores the boundaries of casual employment relationships.
A worker challenged his apparent dismissal, arguing he had been "stood down" rather than terminated. He pointed to the fact that his employer continued to send him weekly payslips showing zero hours for months after his last shift, which he believed indicated an ongoing employment relationship.
The worker also claimed he was singled out when no shifts were offered to him, while other workers, including visa holders, continued to receive work assignments. He maintained that "ample work" should have been available to him during this period.
The worker filed an unfair dismissal application on 1 November 2024, claiming he was dismissed by his employer on 16 October 2024, based on his final payslip. The employer, Isologics Pty Ltd, argued the worker was not dismissed, and alternatively, if found to have been dismissed, his last day of work was 14 March 2024, making his application late.
The employment contract stated the worker was employed "on a casual basis" with "no guarantee of regular or ongoing work." It specifically noted that even if the worker might "work a substantial number of hours and/or have a regular pattern of work," this would not create "any expectation of ongoing work."...
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