the Applicant v Camp Australia Services Pty Ltd
At a glance
- 1
What happened
the Applicant sought an unfair dismissal remedy after her employment with Camp Australia Services Pty Ltd ended on March 23, 2026. She had been employed as a casual from around July/August 2012 and stated that her shifts were cancelled in November 2025. Camp Australia terminated her employment because she hadn't worked for 160 days. The Fair Work Commission considered whether the Applicant met the minimum employment period requirement.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found that the Applicant was not a ‘regular casual employee’ and did not have a reasonable expectation of continuing employment on a regular and systematic basis. As such, she didn't meet the minimum six-month employment period requirement to be protected from unfair dismissal. “I simply cannot discern any regularity or pattern in the history of the Applicant’s employment with Camp Australia,” stated the Commissioner.
What it means for employers
Employers should carefully document casual employee hours and patterns of work. This helps determine if a casual employee meets the criteria for regular casual employment, which impacts their eligibility for unfair dismissal protections. Maintaining accurate records is crucial when dealing with long-term casual employees.
What it means for employees
Employees who consider themselves casually employed should keep detailed records of their hours worked and any expectations of ongoing work. If shifts are cancelled or work significantly reduces, it's important to understand how this affects your employment status and eligibility for protections like unfair dismissal rights.
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