TERMINATION OF EMPLOYMENT – minimum employment period – casual – ss.383, 384, 394 Fair Work Act 2009 – application for an unfair dismissal remedy – respondent objected on basis that the applicant had not satisfied the minimum employment period – submitted that applicant’s period of employment as a casual employee was not on a regular and systematic basis and that he did not have a reasonable expectation of continuing employment, meaning that his period of service as a casual should not count towards the minimum employment period – applicant submitted that he commenced work in approximately June 2010 and that he continued in employment until February 2017 – respondent contended that the commencement of the applicant’s period of employment was only from 2016 – submitted that the applicant had various periods of casual employment with it since 8 May 2010 but that his ‘casual engagements prior to 2016 were occasional, irregular, short and related to a different type of work (non-teaching work) to his 2016 casual engagements’ – Shortland considered – whether or not routinely occurring breaks in the academic year might either explain some of the gaps in the applicant’s employment and not be treated as breaks in continuous service – Commission found the applicant’s continuity of service with the respondent, if there was any, was broken when he completed preparation of the course materials in 2015 – whether the work performed in 2016 was continuous service – Commission held the evidence did not lead to a finding that there was continuous service within the engagements during 2016 – Burke and Ponce considered – found the applicant had not completed the minimum employment period – application dismissed. Calleri v Swinburne University of Technology
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