When a Casual Worker Is Dismissed: Fair Work Commission Confirms Termination

A recent Fair Work Commission decision has clarified an important point for casual workers: when your employer tells you your last day of work is coming up, that is a dismissal—even if the business closure was outside their control.

In this case, a casual beauty salon worker was told in writing that her final day would be 23 May 2025. The email came after a phone call advising that the premises were closing due to redevelopment plans at the shopping centre. The worker later filed a general protections application, arguing that her employment had been terminated in contravention of the Fair Work Act.

The employer pushed back, claiming there was no dismissal. They argued the end of work was caused by external circumstances—the landlord shutting down the premises—not by any decision of the company. They also said her casual employment had simply “ended” at the close of her last rostered period.

The Commission disagreed. It found the employer had clearly communicated that her role would end by a set date. The company had also decided not to offer her shifts at its other salon, despite her history of working there. These actions showed the termination happened on the employer’s initiative.

The Commission relied on long-standing principles that a dismissal occurs when the employment relationship ends at the employer’s direction, even if external events play a role. The termination was therefore a dismissal under section 386 of the Fair Work Act. The employer’s jurisdictional objection was dismissed, and the matter will now proceed to conference.

Why this matters for employees

This case shows that casual workers are not automatically excluded from protection just because work “runs out.” If an employer tells you that your job will end on a certain date, that is considered a dismissal.

Key takeaways:

• Closure of premises is not an excuse: Even if a business site shuts down, the decision not to redeploy you elsewhere can amount to dismissal.

• Casual workers still have rights: Ending a casual role at the employer’s initiative can still count as a termination.

• Written confirmation matters: Emails or letters setting out an end date are strong evidence that a dismissal has occurred.

For workers, this decision reinforces that employers cannot sidestep their obligations by labelling the end of employment as “out of their control.” The Commission will look at who took the step to end the relationship, not just the surrounding circumstances.