Western Australian Industrial Relations Commission

Applicant did not establish that their dismissal was unfair

The Commission has dismissed an application made by a former casual Patient Care Assistant who alleged that they had been dismissed by the respondent and that the dismissal was unfair.

The Commission acknowledged that there were two types of causal engagement that may apply in this case. The first occurs where a causal employee is asked to cover known future and unplanned absences from work. The second occurs where a casual employee is asked to cover any unplanned absences that may arise from day to day. It was accepted by the Commission that the parties were not in dispute that the second type of casual engagement applied in the applicant’s case. The Commission then determined that the letter of offer represented an offer of an ongoing contract where the respondent could, and did, offer casual work engagements on an ongoing basis to the applicant in accordance with their established procedure. Also, the Commission found that the respondent’s letter of 18 June 2019 to the applicant, informing her that the respondent would not offer the applicant any more casual engagements, was a dismissal and as such the Commission had jurisdiction to hear and determine the applicant’s claim.

The Commission next considered the respondent’s evidence of the lengthy history of complaints about the applicant’s attitude and performance in the workplace and found that the applicant had not established that her dismissal was unfair in all of the circumstances.

The Commission dismissed the application.

The decision can be read here.

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