No termination letter, no clarity, and the filing deadline moved
The Fair Work Commission handed down its decision on a case that turns on one of the most basic obligations in employment: telling a worker their job is over.
Unha Lei worked shifts at a store operated by The One Australia Holding Pty Ltd. Her shifts had been wound back before stopping altogether. She worked her last shift on 15 July 2025. The employer then offered her reduced shifts totalling four hours per week across the following two weeks. She declined, making clear she was not willing to work on those terms.
What complicated matters further was what HR had told her in the meantime. Lei had been informed there was an "investigation" underway and that she should wait for the outcome. She did exactly that, waiting without shifts, hours or income, and without any resolution, before eventually filing her unfair dismissal application on 6 September 2025.
By that point, she had missed the 21-day filing window under the Fair Work Act 2009. The employer argued the application should be rejected on that basis.
The employer took that as a cue to stop rostering her altogether from the week commencing 4 August 2025. No termination letter was issued. No formal written notice was given. Commissioner Matheson accepted that as of that date, it was unclear to Lei whether she had been dismissed at all.
The employer's out-of-time argument did not hold. "I accept that as of 4 August 2025 it was unclear to the Applicant as...
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