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Friday, January 23, 2026

Worker starts job but never receives a written contract or position description - HRD America

Worker claims employer offered 'permanent work shifts' on Fridays but employer says they never offered anything other than casual employment

A canteen assistant who claimed unfair dismissal lost her case after the Commission found she was employed as a casual worker whose employment ended in accordance with her casual contract, meaning there was no dismissal.

The worker argued she was offered "permanent work shifts" on Fridays during school terms and was never told she was casual until she saw it on her payslip.

However, the employer provided evidence that she operates school canteens employing only casual staff, told the worker at the interview her pay rate included casual loading, and never offered permanent employment.

Background of the case

On 21 February 2024, the worker contacted the employer via Messenger, stating she was looking for work.

At the time, there was no position advertised. However, the employer agreed to meet with the worker because she was wanting someone who could help cover some shifts. On 23 February 2024, the employer interviewed the worker for a casual canteen assistant position.

The worker stated that during the interview, the employer said her permanent work shifts would be on Fridays of each school term to fill the gap in the weekly roster after someone else had resigned.

The employer also mentioned the opportunity to cover shifts for other staff when needed and scope for additional permanent shifts if they became available. The employer did...



Read Full Story: https://news.google.com/rss/articles/CBMi2gFBVV95cUxQX29mcGVsMlBkaVZVTk85dDJZ...