Frequently Asked Questions

Q: Are casual employees protected against unfair dismissal?

For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383 of the Fair Work Act 2009 (the Act). Under the provisions of the Act, the minimum employment period is six months, unless the employer has fewer than 15 employees (small business employer), than the minimum employment period is 12 months (s 383(b)).

If the casual employee has fulfilled the minimum employment period criteria, they then must have been employed on a regular and systematic basis during the period of service, and the employee must also have had a reasonable expectation of continuing employment on a regular and systematic basis as outlined in s 384(2)(a) of the Act in order to receive the unfair dismissal protections.



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