Unfair Dismissal

[grandmoon]

A friends Granddaughter was working for a large retail store. 

Last Thursday when she knocking off she was at a checkout paying for something she was buying when a customer complained that she and the checkout operator were not working but just talking. 

On friday when she arrived at work she was called into her supervisors office and after a short conversation she was sacked on the spot. 

This was the first time she had been in trouble.

[clair.de.lune]

Can you tell DDU it's Easter again soon and I hope she returns for my annual Easter gift

[izabsmiling]

That doesn't sound right Grandmoon .Was she on trial or had she been there a while ?

[beanishells]

Was she still at work and paying for it or had she knocked off and was in her own time?

Its unusual to be sacked on the spot, you are usually given up to 3 warnings first.

Were there other circumstances you may be unaware of?

Its still horrible to be fired.

[izabsmiling]

Clair, are you going to give her your rooster chicks for Easter ?

or did they turn out to be hens ?

[cherry*135]

Is she employed as a casual? If so she doesn't have any recourse.

You/we don't know if she has done other things prior to this that the employer isn't happy with.

[izabsmiling]

Was the check-out operator sacked or the girl who had knocked off ?

[clair.de.lune]

Still don't know for sure yet iza lol but just they way they play I'm thinking most are roosters

Would hens play at running up against each other?

[*pepe]

Can you tell DDU it's Easter again soon and I hope she returns for my annual Easter gift

are you going to post that bunny pic again?  :^O

[cherry*135]

A casual employee who has been employed on a regular and systematic basis, with a reasonable expectation of continuing in their course of employment, might be able to bring a claim of unfair dismissal.

It should be noted that a casual employee must be employed for at least six months in a business that has more than 15 employees, or for 12 months in a small business in order to bring a claim for unfair dismissal. 

Australian case law has reinforced the regular and systematic employment requirements under the Fair Work Act, and has made further additions to what constitutes regular and systematic work.

The courts have judged that if the amount of hours worked were small, and the days of work irregular, further proof may be needed in order to show that a casual employee has been regularly employed by the company.

However, if there was a clear pattern of rostered hours, proof of regular employment might be established in such a circumstance. Furthermore, if the amount of hours a casual has worked exceeds a full-time workload, this may be used as proof of regular and systematic employment. So, casual employees aren’t completely denied from making a claim against unfair dismissal. 

http://www.findlaw.com.au/articles/4317/casual-employees-and-unfair-dismissal-laws.aspx