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When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.

In doing so, the bench overturned an earlier finding that the request for a pause "was exactly that"; that it was consistent with the casual nature of the employment, and "not a decision to sever the relationship".

The employee had been engaged by Sculpture by the Sea Incorporated since 2004, installing and de-installing artworks associated with its exhibitions and performing other work for the organisation.

In September 2024, he was informed he wouldn't be required for the upcoming Bondi exhibition, and he lodged a general protections dismissal claim...