Publication

Employee’s Casual Conversion Request Contributed to His Unfair Dismissal – Sapandeep Toor v Cleanaway Operations Pty Ltd [2022] FWC 1900

September 2022
Region: Asia Pacific
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Last year’s amendments to the Fair Work Act 2009 (Cth) introduced casual conversion obligations on employers. In the recent Fair Work Commission decision of Sapandeep Toor v Cleanaway Operations Pty Ltd [2022] FWC 1900, it was found that the employer’s reluctance to convert an employee from casual to permanent contributed to the employee’s unfair dismissal. This was despite the employer having other valid reasons for dismissal.

The employer was ultimately ordered to pay 13 weeks’ compensation to the employee. This case highlights the importance of complying with casual conversion obligations, carrying out proper investigations and following dismissal procedures.