Terminating Casual Employment

As with permanent employees it is important to provide notification of termination of employment to casual employees. In Burton v SSAA Pty Ltd (St Marys Indoor Shooting Centre) [2026] FWC 560, the applicant was successful in pursuing an unfair dismissal application despite being out of time.  The facts are such that the employer over a period of nine months failed to give the employee definitive notice of his employment ending. The employee launched an action with Fair Work after receiving an email in October 2025 stating that he had to collect his personal effects as he was no longer employed. He had not had a shift since after November 2024. This amongst other exceptional circumstances was instrumental in the commission deciding to let the matter progress despite being out of time.

Key Takeaway: Whilst true casual employees have no ongoing expectation of work and generally have irregular shifts, it is important to provide clear notice that an employee is no longer required for shifts.  Simply not offering any more shifts will not be enough to terminate the employment relationship.