The hotel operator contested the dismissal claim, maintaining that the worker simply stopped communicating her availability and was offered shifts after the application was lodged, which she declined.
The housekeeper worked on a casual basis at a hotel in Canberra, initially employed in April 2023 before resigning in September 2023, then recommencing employment in February 2025.
She claimed to work regular and consistent shifts that created a reasonable expectation of continuing employment, though evidence showed her availability changed regularly due to university studies and work with another employer.
Text message exchanges from May 2025 onward demonstrated that the worker maintained regular communication with her manager about her availability, with scheduling adjustments made for various personal and professional commitments.
This pattern established the expectation that ongoing availability communication was necessary for continued roster inclusion in the casual employment arrangement.
The worker took leave on 4 June, 7 June, and again from 9-15 June 2025, before sending a text message on Sunday 15 June stating she could work any day the following week except Friday and Sunday.
This message represented her final communication with the employer before lodging the Commission application on 12 July 2025.
The worker's text message on 15 June 2025...
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