TERMINATION OF EMPLOYMENT – minimum employment period – ss.384, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed around May 2012 as casual bus driver pursuant to written contract – respondent raised jurisdictional objection that applicant had not completed minimum employment period – Commission noted applicant received work properly described as regular – key issue whether pattern of work systematic – Commission adopted in allocation of work during applicant’s employment – satisfied employment regular and systematic – per approach in Shortland, breaks in employment not during school holidays held not to count towards minimum employment period but periods when work allocated did count and could be added such that applicant completed six months regular and systematic employment – satisfied applicant had reasonable expectation of ongoing employment, notwithstanding express term to the contrary in written contract – minimum employment period completed – jurisdictional objection dismissed. Burke v Marist Brothers St Joseph’s College t/a St Joseph’s College
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