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Unfair Dismissal Support For Casual Employees
Casual employees can be protected from unfair dismissal. Get in touch with us today to see if your eligible.
Have You Been Unfairly Dismissed From a Casual Role?
Have you recently been dismissed from your casual job and feel it was unfair?As a casual employee, losing your job unexpectedly can feel frustrating and confusing, especially when unsure about your rights.
The Fair Work Commission provides specific protections for casual workers who are engaged on a regular basis with a reasonable expectation of ongoing employment. If this sounds familiar, you may be eligible to make an unfair dismissal claim.

What Our Clients Are Saying

What is Unfair Dismissal for Casual Employees?
Unfair dismissal happens when an employee is fired in a way that is harsh, unjust, or unreasonable. Many casual employees believe they don’t have any protection against unfair dismissal because of the flexible nature of casual employment, but that’s not entirely true.
Under the Fair Work Commission, casual workers may be eligible to make an unfair dismissal claim if they meet specific conditions outlined in the Fair Work Act 2009.
While casual workers don’t receive paid entitlements like annual or sick leave, they typically receive a casual loading rate to compensate for this. However, this does not mean they lack protection against unfair dismissal.
Which Casual Staff Are Eligible For Unfair Dismissal Protection?
To make an unfair dismissal claim, casual employees need to meet certain conditions under the Fair Work Act 2009. These include:
Minimum Employment Period
Casual workers must meet a minimum period of employment to be eligible to lodge an unfair dismissal application. If you work for a large business with more than 15 employees, you must have been employed for at least six months. If you work for a small business with fewer than 15 employees, the minimum requirement is twelve months. This period of continuous employment is crucial; if you have not completed the minimum timeframe, you may not be eligible to file an unfair dismissal claim.
Regular and Systematic Basis
For casual employees to qualify for an unfair dismissal claim, their work must have been performed on a regular and systematic basis. This means your shifts followed a consistent and predictable pattern, such as working weekly or having stable hours each week. There also needs to be an established system in place, like a roster or regular shift schedule. For example, if you worked 3–4 shifts per week or had consistent hours from week to week, this could demonstrate that your work was regular and systematic.
Reasonable Expectation of Ongoing Employment
You must show that you had a valid expectation of ongoing employment. Even if your contract or agreement mentioned casual terms, consistent work patterns may prove otherwise.

Steps to Make an Unfair Dismissal Claim For Casual Workers.
If you believe your termination of employment was unfair, here are the key steps to lodge an unfair dismissal application with the Fair Work Commission:
Check Your Eligibility
Before applying for an unfair dismissal claim, it’s important to ensure you meet the following criteria: you must have completed the minimum employment period — six months for large businesses or twelve months for small businesses — and your work must have been performed on a regular and systematic basis. Additionally, you must have had a reasonable expectation of ongoing employment based on your work pattern and the employer’s conduct.
File Your Application Within 21 Days
Prepare Evidence
To support your unfair dismissal claim, it’s important to gather evidence that demonstrates both your eligibility and the unfairness of your dismissal. Helpful documents may include rosters or work schedules showing your regular shifts, pay slips or timesheets proving your periods of service, emails or messages that show the employer’s ongoing reliance on your work, and a copy of your employment contract if available. Collecting this information early can strengthen your case significantly.
Submit Your Application
Complete the required form and file it with the Fair Work Commission. You may need to pay a small fee when submitting your claim.
Attend Mediation or Hearings
Once the Fair Work Commission accepts your application, you and your employer may be invited to participate in conciliation or mediation to try to resolve the matter informally. If an agreement cannot be reached during this process, the case may proceed to a formal hearing where a decision will be made.

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We’ll make sure to handle the details of your case, making sure everything is in order before any discussions or negotiations.
Conciliation Support
Conciliation, a meeting where both parties try to reach an agreement, is often the first step in unfair dismissal claims
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We help explore settlement options with your employer, working to negotiate a fair and satisfactory outcome without the need for formal hearings.
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I established Close Consulting in 2007 as a small, boutique practice providing HR generalist advice to small business owners and individuals in Melbourne. In line with our growth over the past 13 years, we now provide specialised, professional and customer-focused advice across a wide variety of industries including aviation, higher education, retail, aged care and health.

Cameron brings a wealth of experience to Close Consulting following an extensive career in the Technical, Quality and Production Management fields within the construction and civil engineering industries. Advancing from cadet to manager required identifying growth opportunities. Cameron provides leadership, project management and technical capability coupled with strategic overview to time critical projects.
Unfair Dismissal For Casuals FAQs
Find answers to common questions about unfair dismissal for casual staff.
Can casual employees file for unfair dismissal?
Yes, casual employees can lodge an unfair dismissal application if certain conditions are met. They must have completed the minimum employment period — six months for large businesses or twelve months for small businesses — and their work must have been performed on a regular and systematic basis. Additionally, they must have had a reasonable expectation of ongoing employment based on the nature and pattern of their work.
How do I prove my employment was regular and systematic?
You can demonstrate regular and systematic employment by providing evidence such as rosters or timesheets that show a predictable pattern of work, pay slips reflecting consistent shifts over weeks or months, and communications from your employer—such as emails or text messages—confirming regular work assignments. This documentation can help support your eligibility for an unfair dismissal claim.
What happens if my employment contracts says "No ongoing employment"?
Even if your employment contract states there is no guarantee of ongoing engagement, the Fair Work Commission can still consider other factors when assessing your eligibility. These include your actual work patterns, such as a repetitive and predictable schedule of shifts, and the extent to which your employer consistently relied on your work over a period of time.
What is the deadline to file for an unfair dismissal claim?
You must file an unfair dismissal application with the Fair Work Commission within 21 days of your dismissal. Missing this deadline can limit your options for making a claim.
What outcomes can I expect if I win my case?
If your claim is successful, the Fair Work Commission may order that you be reinstated to your former role or award financial compensation for lost wages, with compensation generally capped at 26 weeks of your pay.

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