the Applicant v Affinity Nursing Recruitment Pty Ltd
Citation: [2025] FWC 1999
What happened
the Applicant commenced employment with Affinity Nursing Recruitment Pty Ltd. She applied to the Fair Work Commission for an unfair dismissal remedy. The company raised a jurisdictional objection, arguing that the Applicant was a casual employee and did not meet the minimum employment period requirement for an unfair dismissal claim. The company argued her employment was not ‘regular and systematic’.
What was decided
The Fair Work Commission dismissed the company’s jurisdictional objection. the Commissioner found that the Applicant’s employment was regular and systematic, despite her casual classification. The Commission stated, 'regular and systematic employment does not require the work to be performed on a regular timetable'. The application will proceed to be heard.
What it means for employers
Employers should be aware that classifying an employee as casual does not automatically prevent them from bringing an unfair dismissal claim. The key factor is whether the employment was regular and systematic, not the employee's contractual classification.
What it means for employees
Employees classified as casual may still be able to bring an unfair dismissal claim if their employment was regular and systematic, even if it wasn't on a fixed schedule.
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This summary was drafted 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 →