The Full Bench has drawn a clear line on when zero shifts means dismissal
No shifts for over a year is not dismissal, the Fair Work Commission Full Bench ruled on 16 March 2026.
The case involved Mary Ann Watson, a long-term casual employee of aged care provider Feros Care Limited, who argued she had been effectively dismissed after the company told her in writing on 14 May 2025 that it had no casual shifts available.
Watson had worked casually for Feros Care for a number of years. In 2023, she raised allegations of adverse action against the company. That same year, Feros Care offered its casual workforce the chance to convert to permanent part-time roles. Most accepted. Watson declined.
The ripple effect of that conversion programme was significant. With the majority of casuals now on permanent contracts, the remaining casual employees, including Watson, were left primarily to fill roster gaps, cover personal leave, or respond to last-minute client requests. Watson had not worked a shift since around February 2024, partly due to an injury.
The situation grew more complicated through late 2024. In November 2024, Feros Care wrote to Watson advising that it no longer required casual employees in the Byron Bay area to fill roster gaps, and it requested a meeting to discuss the matter. That meeting never took place. Watson also raised a safety issue in late 2024 and alleged she was excluded from a meeting in December 2024. Her portal access was also suspended at some point....
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