HR Heartbeat: visa delays, sudden dismissals, and…

Welcome to HR Heartbeat, where we look at the week’s most pressing HR and employment relations stories. With over 20 years’ experience in professional services, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and employment relations.

When zero hours equal dismissal

Let’s start with a case that could change how businesses handle casual employees. A worker, who had been regularly rostered for over a year, suddenly found herself with no shifts. No warning, no official termination—just an email saying she was now on a relief list.

The employer argued that she wasn’t dismissed, just not scheduled due to business downturns. But the Fair Work Commission (FWC) saw it differently. The key issue? The communication clearly signalled the end of her employment. The takeaway for businesses: if you’re reducing someone’s hours indefinitely, be transparent. If they’ve had regular shifts and you suddenly stop rostering them, they may have grounds for an unfair dismissal claim.

Visa delays: When does patience run out?

Now, let’s talk about visas. Because if you employ workers on temporary visas, this one’s worth keeping an eye on. A Costco employee lost his job when his visa expired, despite his attempts to renew it. He argued that the company should have waited a little longer, given the well-documented delays in processing.

Costco, however, followed a strict policy: no valid visa, no job. And legally, they were in the right—the FWC agreed that employing someone without a visa was not an option. The key learning here is while compliance is non-negotiable, having proper policies in place and keeping a concise paperwork trail really helps

Can an employer override a resignation?

And finally, a case that raises an interesting question: if an employee resigns, can you terminate them immediately instead of letting them serve their notice?

An employee resigned with two weeks’ notice, but his employer decided to terminate him on the spot. The result? A legal battle over whether this constituted unfair dismissal. The FWC ruled in the worker’s favour, saying the sudden termination deprived him of earnings he was entitled to. The lesson? If an employee resigns and you don’t want them to work their notice, be prepared to pay them for that period. Otherwise, you might find yourself on the wrong side of an unfair dismissal ruling.

Employment law is complex, and these cases highlight how crucial it is for businesses to get it right. Whether it’s managing casual workers, navigating visa restrictions, or handling resignations, seeking expert guidance from is always advisable rather than being caught in a tribunal ruling.

And that’s a wrap from me. Tune in next time for my take on the latest headlines and
employment law stories, helping keep your business ahead!