[Lausii]

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?

This post has been edited by Lausii: 14/02/2013, 08:04 AM

[lozoodle]

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.

[snuffles]

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.

[KylieMin0gue]

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.

[Lausii]

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.

[MissingInAction]

You were casual.

[minimae]

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.

[~ky~]

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.

[Guest_Dinah_Harris_*]

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.

[katiebear26]

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!