the Applicant v Highland Whisky Holdings Pty Ltd & Mr Paul Morley and Another
At a glance
- 1
What happened
the Applicant worked as a casual bar attendant at Highland Whisky Holdings Pty Ltd's Salamanca Whiskey Bar from March 2026 until May 2026. In May 2026, the Applicant used the company's 'Deputy' system to indicate his unavailability for weekend shifts, intending to work Monday to Friday. The company's director, the Respondent, interpreted this as the Applicant no longer wanting the position and sent a text message stating as much. Following a phone conversation where the Respondent claimed the Applicant said he wanted to do house painting and wouldn't return for future shifts, the Applicant was removed from the 'Deputy' system.
What was decided
The Fair Work Commission determined that the Applicant was dismissed by Highland Whisky Holdings Pty Ltd, not that he resigned. The Commission found that the Respondent's message indicating the Applicant no longer wanted the position constituted a dismissal, even for a casual employee. The Commission dismissed the respondent’s objection that the Applicant resigned. The matter can now proceed to address the original application concerning contraventions involving dismissal.
What it means for employers
Employers should be cautious about interpreting employee unavailability as a resignation, particularly with casual employees. Clear communication is essential when addressing employee requests for changes to work schedules. Misinterpreting employee actions can lead to unfair dismissal claims.
What it means for employees
Employees should document any communication regarding changes to work availability and be aware that employers' interpretations of their actions can have significant consequences.
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