Casual worker remains employed pending resolution of safety and well-being concerns
The Fair Work Commission (FWC) dismissed an application under section 365 of the Fair Work Act after determining that a casual support worker was not dismissed despite having no shifts allocated since June 2025.
The Commission found the employer suspended work assignments pending a meeting to address safety concerns the worker had raised, rather than terminating employment.
The worker argued she was dismissed, citing loss of system access, cancellation of regular shifts, and no work hours since 3 June 2025.
The employer maintained that the worker remained employed and that shift suspensions were temporary pending a welfare meeting to address her stated concerns.
The Commission found that the worker commenced casual employment as a support worker in November 2024 with the disability services organisation.
The Commission heard evidence that on 1 June 2025, the worker sent a group message to team engagement officers, detailing her personal circumstances and safety concerns related to her employment.
The Commission noted the message also referenced a period of eight weeks off to feel better and mentioned getting a doctor's certification, though it found it was unclear whether such a request was actually being made, and no medical certificate was provided.
The FWC found the team leader responded on 2 June 2025, offering...
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