Unfair Dismissal - Terminated Instead of Being Made Casual Employee

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Joshua Martignago

New Member
27 March 2015
Recently I have decided to go from part-time to casual employment as I have acquired a full-time job elsewhere. Three weeks later, I have discovered that I have been terminated instead of being put onto casual purposely by a manager who I had told I was going casual and did not notify me at all. However, I had found out elsewhere that he did it and when I approached him he denied that he knew anything about it. Is this unfair dismissal? Under employment law, how can I go about this situation? If I decide to take legal action, what will be the results if I win?


Well-Known Member
10 February 2015
Hi Joshua,

Firstly, you have 21 days from the date of your dismissal to apply to the Fair Work Commission- that time generally starts after you have been made aware of the dismissal. So I'm not sure whether you can still apply, I would assume that you can if you have just found out about the dismissal.

Secondly, what are the terms of your contract and award? What rights do you have that allow you to tell your employer that you are moving from contract/ permanent part time to casual; don't you need approval before doing this?

What is your employer denying? That he knew that you wanted to be employed casually?

Have a read of our blog post on unfair dismissal- it will give you more information about whether you may qualify, then ask us if you have any further questions. Unfair Dismissal and the Fair Work Commission - LawAnswers.com.au Blog