Terminating casual employees

If you are worried about terminating casual employees, the Fair Work Commission (FWC) in a recent hearing has given some guidance.

The case in front of the FWC was around a casual employee who believed they were unfairly dismissed (U2021/8107).

In this particular case, the casual employee was not offered any more shifts “unless or until she became vaccinated or provided a valid medical exemption”.

The FWC held the view that the employer exercised their right to not to offer the casual employee any further shifts. The employment relationship has not yet formally ended (note there was no formal termination letter in this instance). And as the employment had not formally ended, the casual employee had no claims of being unfairly dismissed.

So next time you want to terminate a casual employee, think about how you do this. Maybe, one solution is to simply stop offering them shifts, rather than formally terminating them.

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