I understand your concern about being removed from the roster without any explanation. It can be frustrating and unsettling when your work schedule is changed unexpectedly, especially when you rely on that income. Rest assured, I'm here to help you understand your rights and explore what options you might have in this situation. Let's take a look at the regulations around casual employment and roster changes to see what protections may apply to you.

I understand you've been removed from the roster without explanation as a casual employee. This is a frustrating situation, and your rights depend on several factors.

Your Employment Status Matters

First, let's confirm your actual employment status. From 26 August 2024, an employee is only a casual if there isn't a firm advance commitment to ongoing work, and they're entitled to receive a casual loading or specific casual pay rate. When assessing if there is or isn't a firm advance commitment to ongoing work, there are several factors to consider, including the real substance, practical reality and true nature of the employment relationship.

Even if you're classified as casual, a regular pattern of work doesn't automatically mean the employee is permanent. However, if you've been working regular hours with an expectation of ongoing work, you might actually be a permanent employee who has been misclassified.

Casual Employee Rights and Limitations

If you are genuinely casual, your employer has significant flexibility with rostering. Casual employees do not get paid sick leave or annual leave and are not usually entitled to notice of termination. This means a casual employee can be terminated at any time. Casuals don't get most types of paid leave, notice of termination or redundancy pay, even if they work regularly for a long time.

However, Your Employer Still Has Obligations

Even with casual employees, employers must follow proper processes. When an employer wants to change an employee's regular roster or ordinary hours of work, they have to discuss it with the employees first. They have to provide information about the change (for example, what the change will be and when), invite employees to give their views about the impact of the change, and consider these views about the impact of the change.

Industry-Specific Rules May Apply

Some industries have additional protections. For example, under the Cleaning Award, an employer can only employ a casual employee for specific reasons: to work on an intermittent or irregular basis, to work uncertain hours, or to replace a full-time or part-time employee who is rostered off or absent.

Pathway to Permanent Employment

If you've been working regularly, casual employees get access to a pathway to become a permanent employee under certain circumstances. This could provide you with greater job security and roster protections.

Your Legal Position

Based on your situation, if you're genuinely casual and there's no firm advance commitment to ongoing work, your employer can remove you from the roster without notice. However, this action should still be reasonable and not discriminatory.

If you've been working regular hours with an expectation of ongoing work, you may have been misclassified as casual when you should be permanent. This would entitle you to proper consultation about roster changes and potentially notice of termination.

I'd recommend first having an informal conversation with your employer to understand why you were removed from the roster. If you believe you've been misclassified or treated unfairly, you may want to seek advice about your specific circumstances and consider whether you have grounds for a Fair Work Commission application.

Practical Workplace Strategy

• Have an Open Conversation: Schedule a meeting with your manager to discuss your concerns. Express your willingness to understand the reasons behind the decision.
• Seek Feedback: Use this opportunity to ask for feedback on your performance. Showing a proactive attitude and a desire to improve can demonstrate your commitment to the job.
• Document Everything: Keep a record of your work history, including shifts worked, any communication about your roster, and any feedback you've received.
• Understand Company Policy: Review your company's HR policies regarding casual employment, rostering practices, and communication protocols. This will give you a clearer understanding of what is expected of both you and your employer.

Actionable Steps

1. Request a Meeting: Write to your manager requesting a meeting to discuss your roster and seek clarification on why you were removed.
2. Prepare Questions: Before the meeting, prepare a list of questions to ask, such as:
   • "Can you explain why I was removed from the roster?"
   • "Is there any feedback on my performance that I should be aware of?"
   • "What can I do to improve my chances of getting more shifts in the future?"
3. During the Meeting:
   • Listen actively and take notes.
   • Express your concerns calmly and professionally.
   • Seek clarification on any points you don't understand.
4. Follow Up: After the meeting, send a follow-up email to your manager summarizing the key points discussed and thanking them for their time. This creates a written record of the conversation.
5. Consider Your Options: Based on the information you receive, consider whether you have grounds for further action, such as raising a formal grievance or seeking legal advice.

Combined Resources

• Fair Work Ombudsman: Visit the Fair Work Ombudsman website for detailed information on casual employment rights and entitlements.
• HR Policies: Review your company's HR policies on rostering, communication, and grievance procedures.
• Union: If you're a member of a union, reach out to them for advice and support.

By taking these steps, you can better understand your rights and options and take proactive steps to address the situation.