TERMINATION OF EMPLOYMENT – termination at initiative of employer – casual – s.394 Fair Work Act 2009 – applicant moved states and sought employment at a Melbourne-based store – applicant stopped receiving casual hours after Christmas and concluded he was dismissed – respondent denied applicant dismissed – Commissioner considered ss.385 and 386 in determining whether applicant dismissed – Commission not satisfied applicant dismissed – fluctuation in hours is common for casuals – the lead up to Christmas is commonly busy in retail sector – Commission acknowledges that applicant no longer trusts business on basis that it has not provided ongoing casual work – however, Commission not confident applicant exhausted all casual opportunities – applicant not dismissed – application dismissed. Longman v QBD The Bookshop P/L t/a QBD The Bookshop
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