Casual Employment Terminated because of COVID-19

thriftysach on 08/04/2020 - 00:59
Last edited 08/04/2020 - 01:00

I work in a retail store. Last week I got a call from the manager who said that they are closing down most of their stores and are making sure their permanent staff is able to work in the stores that are still open, as a result of which, "all" casuals have been stood down. Now, I was not sure what he meant by "stood down" so I assumed that I will not be getting any shifts in the foreseeable future but will still be employed by the organisation. The manager also said that once the issue with the Coronavirus is over, I just need to give him a call and they can put me right back in. In the meantime, I can put him down as a reference for other jobs that may be offered.

After this, they sent me a letter notifying me that my employment is now terminated, with which I was clear of what exactly he meant by stood down.

Should I take the manager's word, saying he will re-employ me afterwards?
I do not think the employer is doing anything wrong and I am not complaining, I am just confused as to why they terminated my employment rather than not provide me with any hours?

Thank You.

Education & Work

Comments

  • scrimshaw on 08/04/2020 - 01:14
    +9

    I am just confused as to why they terminated my employment rather than not provide me with any hours?

    Ex-retail worker here. Even under normal circumstances — even when there's no pandemic — casual workers can be let go at any time if the situation demands it. You can consult your employment contract for the details but you most likely will not be given notice and can be let go at any time.

    Permanent staff members on the other hand are required by law to receive notice to end the employment but… given the current economic downturn, even permanent workers may find themselves out of a job if their store doesn't re-open.

    Should I take the manager's word, saying he will re-employ me afterwards?

    For your own benefit I would think defensively and perhaps start thinking about your own future job prospects rather than rely on some unwritten verbal agreement or promise that you'll get your job back.

    • thriftysach on 08/04/2020 - 01:17
      +1

      I am currently focusing on online tutoring as a safe source of income. Have tried applying to woolies and coles but none of the 20,000 jobs were released in my area it seems.

  • Nice one baby on 08/04/2020 - 06:44
    +6

    The termination letter is probably so you can apply for jobseekers. I think center link refer to it as a Seperation Letter.

    • thriftysach on 08/04/2020 - 12:58

      I dont think I can apply for Jobseeker if I am already getting Youth Allowance and was only working for 3months.

  • muzzamo on 08/04/2020 - 08:09
    +1

    You should take the managers word that he, personally, would hire you again. His intentions are good and he means it as a compliment. He thinks highly of you and would do what is within his power to hire you again in the future.

    That is not the same as a written guarantee from the company that you can rely on. You should look for other work, because if this company doesn't have any work for you or if this manager is posted somewhere else, you might not get any work.

  • Jules_d1 on 08/04/2020 - 09:57
    +1

    The words used by your employer arent all that accurate. Stand downs are usually for full time, part time, fixed term etc (Ie people who have been promised work as part of the contract). As such, a casual employee doesn't need to be stood down. As casual they have no legal obligation to give you notice or termination.

    They may have all good intentions to rehire you but we don't know when all of this will end.

    So many businesses are going to end up in Fair Work hot water over 'Standing Down' employees when they are not allowed to and it actually should be a redundancy.

    • Jules_d1 on 08/04/2020 - 10:29
      +1

      From that article "The stand down provisions in the Fair Work Act, enterprise agreements or employment contracts are not usually relied on for casual employees."

      Essentially, an employer simply says to a casual staff member "Sorry, I have no shifts for you"

  • Hardlyworkin on 08/04/2020 - 12:18
    +1

    I see no reason to not take manager's word for it. Like everyone though he doesn't know how things will look on the other side. The letter, although not a requirement as a casuals engagement is day by day does provide you something to be used as evidence for Centrelink.

    Hopefully things do go back to normal. If there is a position available in the future then it makes sense to give it to someone who is already trained in the role. Hiring new employees costs money. All the best.

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