Employer issues termination letter, saying no further casual work available due to performance
A casual disability support worker who claimed he was dismissed in retaliation for complaining about cancelled shifts lost his case after the Court found genuine performance concerns were the real reason he stopped getting work.
The worker alleged his employer reduced his hours to zero and terminated him because he exercised workplace rights by complaining about shift cancellations.
However, the Court accepted evidence from three managers that the worker was not offered further shifts due to serious performance issues, including medication errors, sleeping on active overnight shifts, and failing to evacuate a house when he smelled gas or fire.
The worker had only worked 14 shifts over seven weeks before his employment ended.
The employer provides support services to people with disabilities. The worker was employed on a casual basis between late June and late August 2024.
He worked a total of 14 shifts, the first on 4 July 2024 and the last on 26 July 2024. On 28 August 2024, he was informed he would not be offered further shifts.
The employer had been retained to provide supported independent living to a severely disabled young woman at a house in Sydney.
The worker attended orientation training on 1 July 2024 and worked his first casual shift when the client moved in on 4 July 2024.
On 12 July 2024, a service manager arrived at the house around 8.30 am...
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