Young Workers Legal Service

Case Studies

Unfair Dismissal

Shelley worked in a health food shop for around 3 years. She was on an Australian Workplace Agreement for 2 and half of these years. The shop was sold to new owners. She was then made "casual", though the AWA was still valid and stipulated otherwise. Before the shop was sold, she averaged 15 hours a week, and 30 hours a week during university holidays. Within 3 weeks of new ownership, her hours were cut down to 4 hours a week. The employer claimed that there were no shifts, but new, younger employees were hired in this time. She was most experienced staff member and assisted employers to 'learn ropes'. She had no previous work performance issues.