The relationship between employers and casual employees is a significant aspect of the modern workforce. Recently, a case brought before the Fair Work Commission (FWC) shed light on the treatment of a casual employee working as a brow and lash artist for a beauty services company. The employee, who had been consistently working shifts, found herself removed from all future shifts after a hospital admission due to a domestic violence incident. This action prompted the FWC to deem it a deliberate decision and a dismissal.
The employee expressed her concern regarding the sudden lack of shifts, and her employer failed to provide an adequate explanation for this change. She believed that her absence due to the domestic violence incident played a role in her removal from the shift roster, which she interpreted as a dismissal. Conversely, the company argued that as a casual employee, the worker was not guaranteed regular shifts, and the reduction in her shift allocation was solely based on business needs.
Upon careful consideration, the FWC ruled in favour of the employee, emphasising the lack of communication from the employer regarding the change in the employee’s shift patterns and highlighting the impact of this sudden alteration on the employment relationship. This decision serves as a pivotal reminder for employers to maintain transparent communication with their casual employees regarding the availability of work. Abrupt and unexplained changes in regular shift patterns for casual employees could potentially be viewed as a form of dismissal.
Understanding the rights and entitlements of casual employees is crucial for both employers and employees. Casual employees often provide businesses with flexibility, and in return, they are entitled to certain rights and fair treatment. One of the key attributes of casual employment is irregular work patterns, but this should not be misconstrued as an absence of rights. As seen in the aforementioned case, the FWC recognized the employee’s justified concern and ruled in favour of fair treatment.
Employers should take proactive steps to ensure that casual employees are aware of the nature of their employment and the factors that may influence their work allocation. Clear communication regarding shifts, workload, and any changes in the business’s needs is essential to foster a positive and fair work environment.
In light of this decision, it is essential for employers to review their practices and ensure that casual employees are treated fairly and provided with clear information about their work opportunities. This serves as an opportunity for businesses to reevaluate their approach to managing casual employees and to reinforce a culture of transparency and respect in the workplace.
For organisations seeking guidance on managing casual employees, appropriate legal and HR consultation is advisable. Seeking assistance from professionals such as HR Legal can provide valuable insights and strategies for effectively managing casual employees while upholding fair and compliant employment practices.
In conclusion, the case discussed reinforces the importance of fair treatment and transparent communication in the employment of casual workers. Employers must recognize the rights of casual employees and strive to maintain equitable and respectful working relationships. By prioritising clear communication and fair treatment, businesses can cultivate a positive and harmonious work environment for all employees, including casual workers.
Disclaimer: The information provided in this blog was accurate at the time of writing and is intended as general advice. For specific advice, please call AHR on 1800 577 515.
