In a recent matter dealing with the dismissal of a casual employee, Commission nick Wilson stated in relation to the Employer’s argument that it was “plainly misconceived and allied to the proposition that a casual employee may simply be dispensed with by reducing their hours to zero without the employee having recourse either to the Fair Work Act's unfair dismissal or general protections provision, that analysis is not correct”.

Casual Employees and Dismissal

In a recent matter dealing with the dismissal of a casual employee, Commission nick Wilson stated in relation to the Employer’s argument that it was “plainly misconceived and allied to the proposition that a casual employee may simply be dispensed with by reducing their hours to zero without the employee having recourse either to the Fair Work Act's unfair dismissal or general protections provision, that analysis is not correct”.

 

Commissioner Wilson referred to a decision by Deputy President Sams, where it was stated that “"statutory protections from unfair dismissal afforded to a regular and systematic casual employee must include the full gamut of the matters the Commission is required to take into account under s387 of the Act, including affording the employee procedural fairness when the employer decides to no longer offer the employee further casual shifts.”

 

The learning to take away from the above is that Casual employees, who are employed on a regular and systematic basis, have the same rights as do a permanent employee when it comes to dismissal.  So, if you are an employer, ensure that you are thoroughly across the required process, prior to looking to dismiss a casual employee.

 

If you need assistance with the above or any HR or IR matters, please contact me at john@lambwrc.com.au