Jump to content

Unfair dismissal (outcome updated)
Have you been through it?

  • Please log in to reply
42 replies to this topic

#1 Feral-Lausii

Posted 14 January 2013 - 07:35 AM

On Friday my casual employment, which was 3 set days a work and set hours (21) was terminated and she asked me to leave immediately. (the hours never changed or the days) The shift wasn't ever over. I said no, I would stay until the end of the shift. The reasons she gave were pathetic to say the least, that my performance for the past 2 weeks was 1% under what was expected.

We only went back to work on the 3rd of January after two weeks off. (so haven't even been back two weeks!)  Its a quiet time of the year in that industry. There was no warnings, no performance management, nothing! Just told to go.

I have since found out she advertised for someone else last week and the new person is starting today.

Has anyone been through this? I am ringing Fair work when they open. I think I may have a case for unfair dismissal?

Edited by Lausii, 14 February 2013 - 08:04 AM.

#2 lozoodle

Posted 14 January 2013 - 07:38 AM

I'm pretty sure with casual employment they can let you go like that, as there is no real contract agreement in place, its just a shift to shift thing.

#3 snuffles

Posted 14 January 2013 - 07:43 AM

Casual employment can be terminated by either party at any time AFAIK (at least, when I was employed casually ten years ago this was the case).

I gave my employer about 4 weeks notice that I would be leaving, because I had a lot of respect for them and I wanted to give them a chance to find a replacement, but it wasn't required.

#4 KylieferalMin0gue

Posted 14 January 2013 - 07:45 AM

Yep I am casual, and they only have to give me 1 hour notice of dismissal (even with no reason).  So basically I could be half way through a shift, and they could say that we want you to finish up in an hour, and they could get a replacement for me straight away with no explanation given.

#5 Feral-Lausii

Posted 14 January 2013 - 07:45 AM

I'm pretty sure with casual employment they can let you go like that, as there is no real contract agreement in place, its just a shift to shift thing.

From what I have read even though casual I had the expectation of continuing hours. I have been there for almost a year too. Guess I'll just wait and ring FW, information overload when you google.

#6 MissingInAction

Posted 14 January 2013 - 07:46 AM

You were casual.  

#7 Nepheline

Posted 14 January 2013 - 07:47 AM

It's not totally true that you can't claim unfair dismissal as a casual worker - there are some exceptions to the rule.

From the little bit I know ( a friend successfully claimed unfair dismissal, and she was causal), if you work regular, set hours, and have worked somewhere for over 18 months (I think?), you might have a case. I think she had to prove something about an expectation of continuing employment also. This was all just for the right to have her case heard!

Good luck OP, speak to fair work and see what they say.

#8 ~ky~

Posted 14 January 2013 - 07:48 AM

Yep ... no such thing as not enough notice when you are categorised as casual, sadly. The whole definition of casual is them using you for as long as they need YOU in that role. Doesn't matter if the role is sitll there when you are let go, they no longer need YOU to fill it so technically they have not done a single thing wrong.

#9 Guest_Dinah_Harris_*

Posted 14 January 2013 - 07:49 AM

It can't hurt to ring FW to find out exactly what the case is, but as far as I know casual employees can be let go with no notice.  Sorry, hope you find something else quickly.

#10 katiebear26

Posted 14 January 2013 - 07:50 AM

if your casual employment was regular, so same hours and days, for a long period e.g. over a year you may have some recourse at least as far as notice period is concerned. the idea is if you had a reasonable expectation of ongoing employment because of the regularity of you hours, then ceasing your employment like this may (and i stress MAY) be considered unfair.

talk to fair work ombudsman and visit http://www.fwc.gov.au/index.cfm?pagename=dismissalswhatis to see if your case qualifies based on your circumstances.

good luck!

#11 lozoodle

Posted 14 January 2013 - 07:58 AM

Expectation of continuing hours isn't the same as a written employment agreement unfortunately.

#12 elmo_mum

Posted 14 January 2013 - 08:06 AM

im sorry - but being a casual, means that you can leave when ever you want

your boss can also fire you

if you believe that she fired you because of the fact you went to the gm , and YOU HAVE PROOF  you may have grounds for fair work

good luck

#13 Nepheline

Posted 14 January 2013 - 08:08 AM

QUOTE (lozoodle @ 14/01/2013, 08:58 AM) <{POST_SNAPBACK}>
Expectation of continuing hours isn't the same as a written employment agreement unfortunately.

This is true, however in some cases Fair work can rule that the casual employee was in fact 'systemically' employed, and therefore does have access to unfair dismissal protection.

#14 Feral-Lausii

Posted 14 January 2013 - 08:09 AM

I just spoke to FWA. I can claim, as I had regular and systematic employment.

#15 lozoodle

Posted 14 January 2013 - 08:15 AM

QUOTE (Lausii @ 14/01/2013, 09:09 AM) <{POST_SNAPBACK}>
I just spoke to FWA. I can claim, as I had regular and systematic employment.

Worth a try original.gif

#16 protart roflcoptor

Posted 14 January 2013 - 08:21 AM

No you are not at fault at all here OP?

#17 Feral-Lausii

Posted 14 January 2013 - 08:28 AM

No I'm not at fault. My work was above the minimum for the past 9 months. Never late. No misconduct. Nothing. Sacking me for being 1% below since we started back on the 3rd is fair ground for dismissal? She just wanted me gone and used the fact that the GM is away and quiet time of the year to get rid of me.

#18 Phascogale

Posted 14 January 2013 - 08:40 AM

I know at some places, if you have regular expected employment for a certain period of time ie 6 months, 12 months, that your contract needs to be turned into a permanent one.

But what can happen is that you are unceremoninously told that you're no longer required (or there's no work for the next few weeks) so they don't have to make you permanent and you're often brought back later down the track - to continue your regular hours (often full time).  

This may be specific to employment agency type work and it may be so that companies avoid paying the agency a 'finders' fee that the employee is not required for a certain number of days/weeks before coming back (because they work well and know the work).  And it may very well due to specific contracts between an agency and an employer so probably doesn't apply to most situations.

I only mention it because it happened to my husband.

But to the OP - you're casual so it may be difficult to get anything.  But by all means try.

#19 Tilly007

Posted 14 January 2013 - 08:49 AM

Sounds to me like you're not actually a casual but are a permanent part-time if you are working the same days and hours each week.  Part-timers have access to the unfair dismissal jurisdiction.

Your other option is to make a claim for adverse action (all employees can do this, including casuals) on the basis that you made a complaint or inquiry in relation to your employment (ie the complaint to the GM) and then you were fired.

You have options.

ETA:  it is irrelevant whether you have a written employment contract.  Every single employee has an employment contract, it's just that some are not in writing.

Edited by Tilly007, 14 January 2013 - 08:51 AM.

#20 Feral-Lausii

Posted 30 January 2013 - 02:57 PM

Conciliation is set down for Wednesday the 9th.  original.gif

#21 Feral*Spikey*

Posted 30 January 2013 - 03:03 PM

Good luck!

#22 CallMeFeral

Posted 30 January 2013 - 03:08 PM

Good luck!

#23 erindiv

Posted 30 January 2013 - 03:08 PM

Good luck OP original.gif

#24 KT1978

Posted 30 January 2013 - 03:26 PM

I would be writing to the GM expressing that you are disappointed in the manner you were replaced, citing good work performance, and you feel it is because you spoke to the GM about breaches of ohs.

I wouldn't be surprised if your TL was going to tell the GM you left.....

#25 Feral-Lausii

Posted 30 January 2013 - 03:26 PM

Wednesday the 9th of what?


1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users


First look at Renee Zellweger in Bridget Jones's Baby

Bridget is now in her 40s and is a successful publishing executive - but also has a pregnancy to contend with as well.

Newlyweds send bill to no-show guests

Planning a wedding can be stressful – and, as most newlyweds can attest, it can be very costly, too.

Claire Danes: acting out postnatal depression was difficult

Actress Claire Danes found it difficult pretending to have postnatal depression in Homeland, as she had just become a new mother herself.

Sneak peek: Geleeo self-cooling pram & high chair liners

We just spotted Geleeo, a brand new self-cooling pram liner you can buy in time for summer.

The moment a 92-year-old meets her great grandaughter

It's a heart-warming photo this family will treasure forever.

How to prepare for breastfeeding when you're still pregnant

While every woman's breastfeeding journey is different, many hurdles are shared. Knowing what to expect will enable you to make informed decisions if - or when - you meet challenges along the way.

Sneak peek: new Love Mae bamboo dinnerware designs

We do love ourselves some brand new designs in tried and true products. The renowned bamboo dinnerware from Love Mae has just had several more members join the family, in addition to a brand new website.

Mum who killed paedophile gets reduced sentence

A mother-of-five who killed a paedophile has had her jail sentence reduced by a judge who described her case as a "truly exceptional" one.

Toddler's silent debate with mum about naptime

He might not utter a single word - but this toddler is having a great debate with his mother about nap time.

Silence is golden ... or is it?

Silence is golden, or so the saying goes. But when it comes to children, quite the opposite is true.

Awards 2015: Vote now for a chance to win $2000

Vote for your favourite pregnancy, baby and toddler products for your chance to win your share of $2500 in cash prizes.

Scientists identify potential birth control 'pill' for men

Two drugs that help suppress the immune system in organ transplant patients may have a future as the long-sought birth control "pill" for men, new research suggests.

Running for beginners: taking the first steps

It's that time of year when the weather warms up and there's more opportunity to get out and go for a jog.

Tips for turning yourself into a morning person

Mornings are a great time to spend time in reflection or to get outside and get moving.

Thousands sign petition for unborn babies killed by domestic violence

Almost 8000 people have signed a petition calling for a law to recognise unborn babies killed by domestic violence in NSW.

Pregnant Sarah Harris tells body-shamers to 'get stuffed'

Television presenter Sarah Harris has a message for anyone who tries to body-shame pregnant women or new mums.

In defence of 'brexting'

Mums spend literally hours a day with a baby attached to their boob, or giving them a bottle. Surely they don't all need to be spent looking at the baby?

How a fellow passenger made a mum's day on a flight

As any parent who has ever travelled with a baby knows it can be a daunting experience. The stares and attitude of unsympathetic fellow travellers only serve to make the journey even more stressful. 


What's hot on EB

Stella McCartney honours mum with lacy bra

Fashion designer Stella McCartney has honoured her late mum, Linda McCartney, by designing a special bra for post-mastectomy patients.

Don't panic: A granddad midwife's guide for dads-to-be

Mark Harris has helped deliver 500 babies. And he's now telling fathers what to expect.

How to be a calm parent when you're feeling anything but

Being a calm parent takes a lot of work, sometimes more than is obvious to those around us.

The joy and isolation of being a stay-at-home dad

It's cool, kind of like a second childhood. I love him to bits and think, on average, I'm an okay dad. But I also want to talk about the other stuff.

How baby Teddy's short life is helping save thousands of lives

He may have only lived for 100 minutes, but that didn't stop baby Teddy from saving the lives of others.

A heartbreaking trail of missed chances in death of baby forgotten in car

A haunting reminder to stay mindful about babies in cars, especially as we approach summer.

What to do if your baby has tongue-tie

Tongue-tie can cause feeding problems. However once it is diagnosed, the condition can be easily treated.

How to move house without losing your mind

Some people move frequently, while others like to stay put. But everyone finds it stressful.

'She had nowhere to go': how new mum's life began to unravel

The birth of her first child should have been happiest of times for Campsie mother Phuong Cao, but friends say it marked the beginning of when her life began to unravel. 

Women giving birth to a son keep some of his Y chromosomes

It was an experiment doomed to failure - they were looking for male cells in female bodies. And their search was stunningly successful.

Photos: How babies fit in the womb

A gorgeous photo series shows babies in the first hours after their birth - as they were positioned in the womb.

Baby tries to persuade stubborn bulldog to walk, fails

We don't know what he's saying, but this baby has a very clear message for his bulldog pal: let's walk - NOW.

The best toddler gift ever? Nine gender-neutral play kitchen picks

Without a doubt, one of the best gifts for a toddler turning two or three is a play kitchen.

9 easy steps to improve your baby photography

With a few simple tips you can take your images from random happy snaps to lovely clean images that create beautiful lasting memories.



What are your favourite baby products?

The Essential Baby Awards are on now, and we need your help! Have your say on your top picks and you'll go in the draw to win a share of $2500.

Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.