Employer’s message said the worker would be listed as an ‘inactive’ member and would be temporarily removed from communication groups
A casual employee challenged his dismissal from a customer service officer role, arguing it was a separate and distinct engagement from other roles he performed for the employer.
The employer maintained that the worker remained an active casual employee, continuing to be engaged in various roles, and no dismissal had occurred.
The worker began working for the employer as a swim teacher in late 2022. During his employment, the worker worked in a number of roles, including swim teacher, lifeguard, duty manager, attendant support officer and customer service officer. In all roles he performed, the worker was engaged on a casual basis.
In early 2023, the worker was provided with a letter which the employer referred to as his contract of employment. The letter's subject line stated "position of swim teacher" and offered employment as a swim teacher.
The letter also stated that when requested, the worker may work in any position within the leisure centre as long as he was appropriately qualified, trained and available.
A few months later, the worker applied for a role as a customer service officer. In order to apply, the worker was required to complete a written expression of interest and participate in a group interview. The worker was successful in obtaining the role and began working in it several...
During a Nov. 18 phone call, Lee County Sheriff Carmine Marceno's attorney, Donald Day, said he began to represent Marceno around November 2024. More than a year after federal authorities launched ...