Was it a cancelled shift, or a dismissal? Fair Work draws the line
A casual warehouse worker took his labour hire agency and host employer to the Fair Work Commission, alleging his shifts were cancelled over a refused fist bump and unpaid stay-backs.
In a decision handed down on 8 May, 2026 (May 2026), Commissioner Redford of the Fair Work Commission dismissed the general protections application brought by Moustafa Guessab, who represented himself, against labour hire agency Ozstaff Holdings and host employer Active Managed Logistics Solutions (AML).
Guessab began working for Ozstaff on a casual basis on about 10 November, 2025 (November 2025) and was placed from the commencement of his employment at the CEVA distribution centre in Truganina, working for AML. His placement was short-lived. His last shift at the site was on 26 November, 2025 (November 2025).
According to the decision, Guessab believed his shifts were cancelled for reasons that included his refusal to fist bump his supervisor, to stay and engage in extended personal goodbyes, and to stay back after his shift without pay. Those workplace culture allegations were not tested or resolved by the Commission, but they sat at the heart of why Guessab brought his application.
Guessab filed his application on 4 December, 2025 (December 2025), directed against AML. He was later granted leave to add Ozstaff as a second respondent on 20 April, 2026 (April 2026).
Both companies argued he had not been dismissed. AML said...
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