If you run a café, bar, restaurant, or hotel, this is something you’ve probably dealt with. A casual worker slowly stops appearing on the roster, weeks turn into months, sometimes even a year. So, it’s easy to assume, they’re not really employed anymore.
However, under Australian workplace law and reinforced by a March 2026 Fair Work decision, this assumption can get hospitality businesses into trouble.
The short answer: yes, they might still be employed
A recent Fair Work Commission Full Bench ruling confirmed a casual worker can go a long time without shifts and still be legally employed. Even if
- They haven’t worked in months
- There’s no work available
- You haven’t contacted them recently
Why this happens so often in hospitality
Staffing needs in hospitality change quickly. You might
- Cut shifts during slower periods
- Move reliable workers into part-time roles
- Reduce labour costs
- Adjust rosters based on demand
And naturally, some casuals just stop getting shifts. No formal conversation. No clear end, just silence.
The risk for business owners
Here’s where things become a legal grey area. Just because someone isn’t on your roster doesn’t mean
- They’ve resigned
- They’ve been terminated
- The employment relationship has ended
What can go wrong?
- An employee claims unfair dismissal
- A dispute is lodged with the Fair Work Commission
- You’re required to respond to a claim months (or years) later
- You spend time and money defending your business
All because expectations weren’t clearly set.
What the Fair Work decision made clear
In this case, the employer told the employee “There are no shifts available at present.” That wording mattered. It showed
- The employment relationship was still active
- Work might be available in the future
- The employee had not been formally dismissed
And that was enough for the Commission to rule no dismissal had occurred.
What this means for hospitality venues
Ask yourself if you have casual employees who
- Haven’t worked in 3 to 12 months?
- Are still technically on your system?
- Haven’t been clearly communicated with?
If yes, you could be sitting on a hidden risk.
How to protect your business
The good news is this is very manageable with a few simple steps.
1. Be clear with your wording
If there are no shifts, say “No shifts are currently available” and “We’ll contact you if this changes.” Avoid anything that sounds like termination unless that’s your intention.
2. Don’t rely on silence
It’s easy to let things drift, but silence creates legal ambiguity. A quick message can prevent a future claim.
3. Check in with long-term inactive workers
If someone hasn’t worked in months
- Confirm their availability
- Ask if they want to remain employed
- Clarify next steps
4. Review your workforce regularly
Hospitality businesses move quickly, and your approach to managing your team should too.
A quick reality check
Take a moment and think about your business. Is there anyone on your books you haven’t given shifts to in a long time? If the answer is yes, now is the time to tidy it up before it becomes a problem.
In hospitality, it’s easy to focus on service, and day-to-day operations. But sometimes the biggest risks sit quietly in your roster system. No shifts doesn’t mean no employment. And assuming it does can cost you.
Need help getting this right?
If you’re unsure about
- Casual employment obligations
- How to handle inactive staff
- What to say (and not say) in writing
It’s worth getting proper advice now.
We help hospitality businesses
- Manage casual teams properly
- Stay compliant with workplace laws
- Avoid unnecessary disputes
Get in touch today to make sure your business is protected. Find our articles helpful? Remember to follow us on Facebook, Instagram or LinkedIn to keep up to date with our practical tips and information for business owners and managers.