The Fair Work Commission (FWC) has recently handed down an important decision in Shettigara v Brimbank City Council [2025] FWC 3067, clarifying how “dual employment” interacts with unfair dismissal claims. The case involved a casual employee who worked across multiple roles for the same employer and argued that being made “inactive” in one role amounted to dismissal. The FWC dismissed the claim, finding that the overall employment relationship continued and that no dismissal occurred within the meaning of the Fair Work Act 2009 (FW Act).
Important points covered in this case include:
- The concept of dual employment was acknowledged by the Commissioner. It was held that for an Applicant to establish unfair dismissal in a dual employment situation, it is necessary to establish not only the existence of two separate and distinct employment contracts, but also separate employment relationships (from one of which they were dismissed). However, this arrangement was not established in this particular case.
- Where multiple roles are performed under one casual employment relationship, changes in roster allocation or marking an employee “inactive” do not necessarily amount to dismissal.
- Unfair Dismissal requires clear termination of the employment relationship. Therefore, simply ceasing shifts in one role does not constitute dismissal if the overall employment relationship continues.
- A single contract covering multiple roles strengthens the argument against claims of separate employment relationships.
Employers should ensure their employment contracts are clear, and aim for transparent communication when engaging staff in multiple roles across their business to avoid disputes relating to termination or dual employment where any of the multiple roles cease.
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