What should HR need to know about ending casual engagements?
30 Apr 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a casual worker whose shifts were gradually reduced to zero without explanation. The worker argued this constituted unfair dismissal, despite her casual employment status.
After lodging a discrimination complaint, the worker found herself without shifts while being repeatedly told she remained employed. She questioned whether a casual employee could be effectively dismissed by simply not being offered further work.
The case highlighted important questions about casual workers' rights and protections under Australian employment law, particularly when making workplace complaints.
The worker began her employment with Guzman Y Gomez (GYG) in February 2023, working regular shifts until July 2024 when her hours suddenly decreased. Having worked on a regular and systematic basis for more than a year qualified her for unfair dismissal protection despite being a casual employee.
When her shifts decreased, she attempted to obtain more work without success. In July 2024, she filed a discrimination complaint alleging unfair treatment in shift allocation. The complaint was handled by the HR representative for GYG's head office.
The latter explained that shift allocation was determined by local restaurant managers and reminded her that casual employees weren't guaranteed shifts....
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