TERMINATION OF EMPLOYMENT – minimum employment period – ss.382, 383, 394 Fair Work Act 2009 – applicant made an application of unfair dismissal following termination of casual employment – respondent submitted that applicant had not completed the minimum employment period of six months required to make application – applicant claimed to have commenced employment with respondent in 2012 – respondent submitted evidence that applicant was employed as a casual employee for harvest periods from September to March/April in 2012-13, 2015-16 and 2016-17 and as a part-time time employee between 2013-15 – applicant claimed working pattern did not change regardless of employment status as a casual or permanent employee – applicant submitted she had an expectation of employment for each harvest period and in a full time vacancy from January 2017 – payslips indicated that applicant’s hours were irregular from week to week and that there was a five month gap in employment between the 2015-16 and 2016-17 harvest periods – Commission held unable to regard employment during 2015-16 and 2016-17 harvest periods as continuous – unable to find that applicant’s employment was regular and systematic – Commission satisfied applicant had not completed the required minimum employment period. Kerley v Viterra Operations P/L
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