Fair Work Commission Rules App Cutoff Dismissed Casual Worker Under Section 386
Updated
Updated · HRD America · Jun 12
Fair Work Commission Rules App Cutoff Dismissed Casual Worker Under Section 386
3 articles · Updated · HRD America · Jun 12
Summary
A Brisbane Fair Work Commission decision found Lanspagroup dismissed casual therapist Celestine Cooley-Cartan by shutting off her Fresha rostering access, revoking the app entirely and removing her from the workplace group chat.
A one-minute phone call cited tight room availability and a seasonal slowdown, but the Commission said the employer offered no direct evidence of a downturn and noted bookings were reassigned while managers still sought two therapists.
Section 386 of the Fair Work Act turned on whether the employer's conduct was the principal factor ending the employment relationship; the Commissioner held she would have remained employed had her access stayed open.
The ruling also flagged hearing evidence that her Fair Work application was a factor in offering no further shifts, though the Commission made no final finding on motive and sent the broader general protections claim to a section 368 conference.
How can companies now legally reduce casual workers when 'quiet firing' can lead to uncapped compensation claims?
If your boss quietly cuts your shifts and system access, have you actually been illegally dismissed?
Is your company's instant system lockout for departing employees a security measure or a potential lawsuit?
FWC’s 2026 Ruling: Cutting App Access Now Counts as Dismissal—What Employers and Casual Workers Must Know
Overview
In June 2026, the Fair Work Commission (FWC) set a major precedent by ruling that revoking an employee’s access to a key work system, like a booking app, can count as dismissal—even without a formal termination notice. This decision highlights that an employer’s actions, not just their words, can end an employment relationship. The FWC’s approach follows a broader trend of interpreting 'dismissal at the employer’s initiative' widely, meaning actions such as cutting system access or removing someone from work rosters may be seen as dismissal. This shift urges employers to use clear, documented processes when ending employment, especially for casual staff.