In the worker’s submission, he explained that on November 2, 2023, his supervisor informed him that his shift would be redundant from November 6. The supervisor promised to contact the worker on November 5, 2023, after arranging a new roster but failed to do so.
On November 6, 2023, the supervisor mentioned calling back later in the day with an answer but did not follow through. Despite assurances on November 8, 2023, the supervisor did not return the worker’s call, and human resources informed him that there was no available work. The worker’s last shift was on November 4, 2023.
The FWC said the dismissal occurred on November 8, 2023. By this date, the supervisor had failed to contact the worker three times about the new roster, leading the worker to assume that he was dismissed.
The worker’s 21-day period ended on November 29, 2023, and the worker filed the application on December 3, 2023.
Fair Work’s 21-day period