Can I Stop Rostering a Casual Employee in Australia?

Q: Can I just stop giving shifts to a casual employee in Australia?

Not always. Casual employees who have been employed on a regular and systematic basis for at least 6 months (12 months for small businesses with fewer than 15 employees) have unfair dismissal protections under the Fair Work Act 2009 (Cth). Ceasing to roster them is legally treated as a dismissal. Without a documented fair process, it will almost certainly be found unfair.

Q: What is a regular and systematic casual employee in Australia?

A casual employee is regular and systematic if they work a consistent pattern — such as the same days each week — are rostered in advance on an ongoing basis, and have a reasonable expectation of continuing work. Variable hours week-to-week do not necessarily break this pattern. In hospitality, most casuals employed for more than a few months will meet this threshold.

Q: Can I reduce a casual's hours instead of stopping rostering entirely?

Significantly reducing hours as a way to manage a casual employee out can also be treated as adverse action or constructive dismissal, particularly if the employee was regular and systematic and had an expectation of ongoing hours at a similar level. This approach should not be used as an alternative to a proper process.

Whether you can stop rostering a casual employee depends on one thing: how long they have worked for you and whether their employment has been regular and systematic. If they have worked a consistent pattern for 6 or more months, simply removing them from the roster is treated as a dismissal under the Fair Work Act 2009 (Cth) — and without a fair documented process, it will almost certainly be found unfair.

If they’ve been working regular shifts for 6+ months, you’re not “just changing the roster” — you’re terminating their employment.

Last reviewed against Fair Work Ombudsman guidance — April 2026

Quick Answer

Under 6 months of regular work (under 12 months for small business): Generally lower risk — can stop rostering, but document the decision and avoid unlawful reasons.
6+ months of regular and systematic work: High risk — stopping rostering = dismissal. Must follow the same fair process as a permanent employee.

The 6-month mark arrives faster than most venue owners expect. Most hospitality casuals cross it within a summer season.

What Does “Regular and Systematic” Actually Mean?

Regular and systematic doesn’t mean identical hours every week. It means a pattern of work that is consistent enough to create a reasonable expectation of ongoing engagement. Under the Fair Work Act 2009 (Cth), the Fair Work Commission looks at the character of the employment overall — not the exact hours on any given shift.

In hospitality, “casual” often describes the contract — not the reality of how the employee actually works.

Quick Check — Is This Casual Regular and Systematic?

Lower Risk

Under 6 months of engagement
Genuinely irregular shifts — called in when needed
No consistent pattern of days worked
Gaps of several weeks between shifts

Higher Risk — Assume Protected

6+ months of engagement (12+ for small business)
Works same days each week (e.g. every Friday and Saturday)
Rostered in advance on an ongoing basis
Has expressed expectation of continuing work

Real scenario: A venue stops rostering a casual barista who has worked every Saturday and Sunday for 9 months. The barista lodges an unfair dismissal claim. The Fair Work Commission finds the employment was regular and systematic — the casual had full unfair dismissal protections. The venue had no documented reason and no fair process. The matter settles at conciliation for $12,000 plus $5,000 in legal fees. Total: $17,000.

The issue wasn’t the decision — it was the lack of process.

Most unfair dismissal claims involving casuals come from rostering decisions — not formal terminations.

What Counts as a Dismissal for a Casual?

For a regular and systematic casual, any of the following can be treated as a dismissal at the Fair Work Commission:

Simply not appearing on the roster without explanation
Sending a text or message saying “we don’t need you anymore”
Significantly reducing hours with the intent of managing someone out
Not offering shifts to a specific employee while continuing to roster others in the same role
Telling a casual their “services are no longer required” without a fair process

The Commission looks at the substance of what happened — not the label used. If the practical effect was that the employment ended, it is likely to be treated as a dismissal.

What You Must Do Instead

If you want to end a regular and systematic casual’s employment for performance or conduct reasons, you must follow the same fair process required for any other employee:

Establish a valid reason (performance, conduct, genuine redundancy)
Provide prior written warnings for performance or conduct issues
Give the employee a genuine opportunity to respond before the decision is made
Confirm the decision in writing with the reason stated
Process any outstanding pay within 7 days

For the full process, see our guide on how to terminate a casual employee in Australia. For warnings, see our guide on writing a warning letter for hospitality staff.

What Not to Do

Don’t just drop them from the roster and say nothing. For a protected casual, this is a dismissal without a valid reason and without any process. It is the most common mistake — and one of the clearest paths to an unfair dismissal finding.

Don’t use “reduced business needs” as a reason without genuinely restructuring the role. If other casuals continue to be rostered in the same role, a “we have less work” explanation will not hold up as genuine redundancy. The position must objectively cease to exist.

Don’t reduce hours progressively to force a resignation. This approach is identifiable as constructive dismissal or adverse action — particularly if the reduction in hours closely follows a complaint or a workplace rights exercise by the employee.

Don’t assume short-term casuals have zero protections. Even casuals under the 6-month threshold cannot be terminated for discriminatory, retaliatory, or unlawful reasons. General protections claims have no minimum employment period and can be lodged by any employee at any time.

Frequently Asked Questions

Can I just stop giving shifts to a casual employee in Australia?

Not if they have been employed on a regular and systematic basis for 6 or more months (12 months for small businesses). At that point, stopping rostering is treated as a dismissal at the Fair Work Commission. Without a documented valid reason and a fair process, it will almost certainly be found unfair. See our full guide on terminating a casual employee in Australia.

What is a regular and systematic casual employee in Australia?

A casual with a consistent pattern of work — such as working the same days each week — who is rostered in advance and has a reasonable expectation of continuing work. Variable hours week-to-week do not necessarily break the pattern. In hospitality, most casuals employed for more than a few months will meet this threshold. The Fair Work Commission looks at the overall character of the engagement.

What happens if I just stop rostering a casual without a process?

If the casual has been employed for 6 or more months on a regular and systematic basis, you have likely dismissed them without a fair process. This is highly likely to result in an unfair dismissal finding at the Fair Work Commission. Compensation can reach 26 weeks’ pay. Legal costs are additional. See our guide on how much an unfair dismissal claim costs in Australia.

Can I reduce a casual’s hours instead of stopping rostering entirely?

Significantly reducing hours as a way to manage a casual out can also constitute adverse action or constructive dismissal. If the hours reduction closely follows a complaint or is applied selectively to one employee while others in the same role continue at normal hours, the Commission will likely see through the pattern. Do not use this as a substitute for a proper process.

Do I need to give notice before stopping rostering a casual employee?

Casual employees are generally not entitled to notice of termination under the Fair Work Act 2009 (Cth) or the Hospitality Industry (General) Award MA000009. However, the absence of a notice requirement does not remove the requirement for a fair process where the casual has unfair dismissal protections. No notice is not the same as no process.

The 6-month mark arrives faster than most venue owners realise. A casual who started at the beginning of summer has protections by autumn. By the time most venues think about this question, the answer has already changed.

If you’re thinking about removing someone from the roster this week, this is the decision that determines whether it costs you nothing — or $15,000+.

Not Sure If Your Casual Is Protected?

Ask Fitz HR — get a clear answer in under 60 seconds, based on their tenure and roster pattern. Before you act, not after.

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