TERMINATION OF EMPLOYMENT – minimum employment period – casual – ss.383, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent lodged a jurisdictional objection based on minimum employment period not served as applicant was not employed on regular and systematic basis and there was no expectation of continuing employment with the employer on a regular and systematic basis – applicant employed with respondent as casual employee from 18 November 2015 until 24 November 2016 – provided Commission with copies of 27 fortnightly timesheets which showed she worked on a weekly basis despite the hours of work varying daily – ‘continuous service by a casual employee who has established a sequence of engagements with an employer is only broken when the employer or the employee make it clear to the other party by words or actions that there will be no further engagements’ [Shortland v Smiths Snackfood] – Commission determined service of applicant was continuous from November 2015 and applicant employed on regular and systematic basis – not persuaded that periods of absence constituted breaking continuity of service – determined applicant was protected from unfair dismissal as she had satisfied minimum employment period – matter reassigned to Unfair Dismissal Case Management Team for arbitration. Kneen-McDaid v Jaycorp P/L t/a Homestart
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