Are Casual Employees Eligible to Make an Unfair Dismissal Claim?
Casual employees are only entitled to an unfair dismissal remedy if their employment is:
- regular and systematic; and
- there is a reasonable expectation of ongoing employment.
Regular and systematic requires an objective consideration of the nature and frequency of the work carried out by the employee, including whether regular offers of work were:
- made to the employee during a time where they had indicated their general availability;
- accepted by the employee so the work was not occasional;
- contingent on another factor, like another employee being sick or otherwise unavailable.
If your casual employee makes an unfair dismissal claim, the Fair Work Commission will review the pattern of work.
Having regard to the actual pattern of work the employee undertakes, the Fair Work Commission may determine that the casual employee can make a claim. The Fair Work Commission would also need to be satisfied with the other eligibility criteria, including that they:
- were ‘dismissed’; and
- had served the minimum qualifying period.
Call us 24/7 for all unfair dismissal enquires on 0434WORKER (0434 967 537).