Mr Sheheryar Khan v PSGA Pty. Ltd.
Citation: [2026] FWC 3277
At a glance
- Employees affected
- 1
What happened
the Applicant, a casual security officer at PSGA Pty Ltd, commenced employment in February 2023. Following a complaint made by the Applicant about a colleague, PSGA sent him a letter outlining 16 allegations of misconduct and requesting he attend a meeting. the Applicant responded with conditions for his attendance, which were not met. He then received a text message stating he would not be rostered for shifts that week. the Applicant filed an unfair dismissal application, claiming dismissal on December 9, 2025.
What was decided
The Fair Work Commission determined that the Applicant was not unfairly dismissed. The Commission found that the Applicant did not have a contractually guaranteed minimum amount of work as a casual employee. The primary reason he did not receive further shifts was his refusal to engage with PSGA's investigation of misconduct allegations. The application for an unfair dismissal remedy was dismissed.
What it means for employers
Employers should ensure they follow proper procedures when investigating employee complaints. Failing to do so, and subsequently limiting work opportunities, could be perceived as a form of dismissal. Clear communication regarding expectations and consequences of non-compliance is crucial.
What it means for employees
Employees should understand that casual employment does not guarantee a minimum amount of work. Refusing to engage with employer processes, such as investigations, can impact future work opportunities. Filing an application does not automatically guarantee a successful outcome.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections