Ask Shaye
Unfair dismissal of a casual
I am an RN, and I have been working casually in a major tertiary referral hospital. I have worked weekly shifts for the last six years. Recently I was told because I am a casual staff member management can just end my employment at any time. Is this true?
Some casual employees, like permanent staff members, are protected against unfair dismissals in NSW. A casual employee may be able to make an unfair dismissal claim if they have met the minimum employment period and have worked regularly and systemically.
If your employer wants to terminate your employment they need to have a genuine reason, advise you of this reason and give you the opportunity to respond. If they don’t have a valid reason or have not provided you procedural fairness before terminating your employment your dismissal may be found to be ‘unfair.’
As you have worked weekly shifts for the past six years, if your employer does not provide a reason to end your employment you may have a right to bring an unfair dismissal claim seeking reinstatement. There is a strict 21-day timeframe from the date of termination to bring an unfair dismissal claim so it’s important you contact NSWNMA immediately if this happens to you.
