Shepparton. Casual worker Stuart Edwards lost his unfair dismissal claim after refusing to work day shifts. The Fair Work Commission found Visy had a valid reason based on operational changes.
Where: Shepparton
Case name: Mr Stuart Edwards v Visy Packaging Pty Ltd [2025] FWC 2172
Date of decision: 28 July 2025
Link to full case: Click here to view decision
Who: Stuart Edwards, casual feeder attendant at Visy’s Shepparton plant
What: Removed from afternoon roster. Offered day shifts but refused due to medical reasons. Claimed unfair dismissal.
Outcome: FWC dismissed the application. Found Visy had a legitimate operational reason and Mr Edwards declined alternative shifts.
Legal Principle/s:
- An employer is not required to offer work to casuals when operational needs change.
- Refusing available work can justify ending casual engagements.
- No unfairness where dismissal is based on a genuine operational reason, not conduct or performance.
Commentary:
This case shows that casual employees cannot insist on preferred hours when business needs shift. Refusing to work available shifts may result in lawful termination.
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