Kim v The Marlow Family Trust No 3

Kim v The Marlow Family Trust No 3

[2026] FWCFB 132
Published 29 May 2026

The Facts Mr Kim worked as a casual chef across several Sydney hotels run by the Marlow Family Trust, receiving rosters three weeks in advance with a mix of regular and ad hoc shifts. After he was taken off the roster, he lodged an unfair dismissal claim, but Deputy President Cross dismissed it at first instance, finding he had not actually been dismissed because the employer had no contractual obligation to keep offering him shifts and had since offered some…

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