the Applicant v The Marlow Family Trust No3
Citation: [2026] FWCFB 227
At a glance
- Employees affected
- 1
What happened
the Applicant, a casual kitchen employee at two venues (Kings Park Tavern and Doonside Hotel) operated by The Marlow Family Trust No3, worked regular shifts since August 2024. On November 14, 2025, he received a text message informing him that his shifts were cancelled due to a downturn in business. He responded, inquiring about future availability, but received a message stating no shifts were available. He subsequently applied for unfair dismissal. the Respondent stated he remained eligible for shifts and had an active profile on their rostering system.
What was decided
The Full Bench allowed an appeal against a Deputy President’s decision that the Applicant had not been unfairly dismissed. The Deputy President had found that the Applicant’s hours of work were not contractual terms. The Full Bench considered the decision in *City of Sydney RSL & Community Club Ltd v Balgowan* and determined the question of whether the Applicant had been dismissed. The Full Bench considered whether the Applicant’s employment was terminated on the employer’s initiative, as per s 386(1)(a) of the Fair Work Act. Further evidence was admitted due to the Applicant’s limited English skills and unrepresented status.
What it means for employers
Employers should be cautious about how they communicate changes to casual employees' shifts and availability. While casual employees don't have guaranteed hours, abrupt cancellations and lack of clear communication about future opportunities could be interpreted as a termination of employment, even without a formal dismissal process. Maintaining open communication and demonstrating ongoing eligibility for shifts can help mitigate this risk.
What it means for employees
Even casual employees working regular shifts may be considered unfairly dismissed if their employment is terminated by the employer's actions. Employees should document communication regarding shift availability and any changes to their work arrangements. If shifts are cancelled and future work is uncertain, it's important to seek advice about potential unfair dismissal rights.
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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