By Lawyers Reference Manual – 101 Employment Answers has been enhanced with the addition of commentary regarding Unfair dismissal – period of continuous employment and Casual Employment.
An employee’s period of employment with an employer at a particular time is the period of continuous service the employee has completed with the employer at that time as an employee: see s 384(1).
Under s 384(2), a ‘period of service’ as a casual employee does not count towards the employee’s period of employment unless:
- the casual employee was employed on a regular and systematic basis; and
- the casual employee had a reasonable expectation of continuing employment on a regular and systematic basis.
The Full Bench decision of the Fair Work Commission in Shortland v Smiths Snackfood Co Ltd (2010) 198 IR 237 (particularly paragraphs 10 to 13) provides guidance as to the approach to take for calculating a ‘period of service’ as a casual employee.