Log in or become a subscriber

A casual employee has failed to prove a Centrelink notification was evidence she had been dismissed, with the Fair Work Commission finding her employer had temporarily removed her from its payroll system due to business conditions.

Deputy President Peter Anderson said this case showed that taking a casual employee off a payroll system to save on administration fees "may trigger notification to the Australian Taxation Office and Centrelink that employment has ceased".

And depending on the circumstances, this could risk ending the employment relationship, which could constitute a dismissal under the Fair Work Act, he said.

In June this year an Ella Bache casual employee, who worked for the Sale, Victoria franchise, made a general protections application, claiming she had been dismissed in part because she had complained about her pay grade and superannuation...