[2025] FWC 1176
Citation: [2025] FWC 1176
What happened
Mark Coats, who is vision impaired, worked as a casual employee for Palmers Relocations, a removal company, from approximately April 2021 until November 2024. He assisted with loading and unloading removal trucks. Mr Coats claims he was unfairly dismissed. Palmers Relocations argues he was a casual employee and hadn't completed the minimum employment period to be protected from unfair dismissal. The company also claims his dismissal was due to a downturn in work and threatening behaviour towards management.
What was decided
The Fair Work Commission found Mr Coats was unfairly dismissed. The Commission rejected Palmers Relocations’ argument that Mr Coats, as a casual employee, did not meet the minimum employment period requirement. The Commission considered his employment history, noting a regular and systematic pattern of work and a reasonable expectation of continuing employment. Compensation was ordered for Mr Coats, and reinstatement was deemed inappropriate. The company employed more than 30 people at the time of dismissal.
What it means for employers
Employers should carefully consider whether casual employees are genuinely casual, and whether their work patterns and expectations might indicate a de facto ongoing employment relationship. Failing to do so can lead to claims of unfair dismissal, even for employees classified as casual. Maintaining accurate records of employee numbers is also important.
What it means for employees
Employees classified as casual should document their work patterns and expectations of continued employment. Regular and systematic work, even without a formal contract, can contribute to establishing a period of continuous service for unfair dismissal protection.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1176.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →