A recent Fair Work Commission (FWC) decision has highlighted key responsibilities for employers managing casual workers, following a case where a fast food employee was effectively dismissed after her shifts were cut to zero without formal notice.

The worker, a casual crew member in Perth, had been working regular shifts from February 2023 until July 2024. After raising concerns about discriminatory shift allocations, her hours were suddenly reduced without explanation. Although not formally terminated, she received no further work or income, prompting her to lodge an unfair dismissal claim.

The FWC found that the employer failed to manage the situation fairly. While the complaint was being investigated at head office, local managers stopped offering her shifts. The Commissioner noted this placed the worker in “employment limbo” — technically still employed but without any income or clarity on her status.

The employer alleged performance concerns but offered no evidence to support their claims. In contrast, the worker presented supportive statements from ten colleagues confirming her strong performance. 

The Commission ultimately ruled there was no valid reason for dismissal and found the employer’s actions to be “harsh, unjust, and unreasonable.”

Significantly, the Commission also addressed the vulnerability of the workforce, many of whom were minors in their first jobs. 

The employer’s handling of the dispute was criticised as unprofessional, with a failure to recognise its duty of care towards young, inexperienced staff.

Although the Commission found the dismissal unfair, compensation was limited by statutory caps under the Fair Work Act, which are based on the employee’s earnings during the six months prior to dismissal. As the worker had already been denied shifts for weeks before the ruling, she received just $10,252.35, despite being projected to earn approximately $34,000 over the following year.

This case is a cautionary example for employers relying on casual staff: removing shifts without due process or communication may amount to dismissal. Employers must maintain clear documentation, act promptly on complaints, and recognise the heightened duty of care owed to young or vulnerable employees.

Concerned about your own risk exposure?
Performance Advantage specialises in helping organisations implement fair, compliant HR practices to avoid disputes and legal action.

Contact Suzanne at Performance Advantage to discuss how we can help protect your business from costly Fair Work cases:
📞 0408 897 079
📧 suzanne@performanceadvantage.com.au

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