Unfair Dismissal Claim Eligibility

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Summary

If youve been employed in various capacities, including casual and contractor roles, your eligibility for an unfair dismissal claim may depend on whether your employment was regular and systematic. Consecutive performance seasons can strengthen your case by showing an expectation of ongoing employment. Consult a lawyer for precise advice.

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I have made an application for unfair dismissal with Fair Work Australia, and they have accepted my application. however they are not sure if I have worked the 6 month minimum required my current position I started on the 8th of January *
Hi ****, in Victoria, you're generally protected from unfair dismissal if you've been with the same employer for at least 6 months. Can you please confirm the exact date of your dismissal? This will help us determine if you've met the required timeframe.
14th June *
Hi ****, based on the information provided, you've worked for your employer for approximately 5 months and 6 days. Unfortunately, this falls short of the 6 months minimum requirement of employment for an unfair dismissal claim under the Fair Work Act *.
I have been employed before by this employer see below
Hi ****, if you've been previously employed by the same employer, it may affect the calculation of your employment period. Can you please provide the dates of your previous employment with this employer to verify your eligibility for an unfair dismissal claim?
While my most recent contract as a Contemporary Teacher began on * January *, I have actually been employed by Australian National Memorial Theatre Limited in various capacities since May *. My employment history with the company is as follows: *. * May *: Employed under a casual employment agreement as a Guest Artist for the Snow White Performance Season *. * October *: Employed under a casual employment agreement as a Guest Artist for the Nutcracker Performance Season *. * May *: Employed under a casual employment agreement as a Guest Artist for the Romeo and Juliet Performance Season *. * July *: Employed as a contractor covering classes when required *. * January *: Employed as a Contemporary Teacher While my most recent contract as a Contemporary Teacher began on * January *, I have actually been employed by Australian National Memorial Theatre Limited in various capacities since May *. My employment history with the company is as follows: *. * May *: Employed under a casual employment agreement as a Guest Artist for the Snow White Performance Season *. * October *: Employed under a casual employment agreement as a Guest Artist for the Nutcracker Performance Season *. * May *: Employed under a casual employment agreement as a Guest Artist for the Romeo and Juliet Performance Season *. * July *: Employed as a contractor covering classes when required *. * January *: Employed as a Contemporary Teacher 29th May * to the * June *
Based on your employment history, you might be eligible for an unfair dismissal claim. However, you need to consider:
- Continuous employment periods count towards the 6 months requirement.
- Casual employment periods may not count unless there was regular and systematic employment with an expectation of ongoing employment.
Consult with a lawyer for precise advice.
if my casual employment period Friday the 5th may * to Saturday 24th June * and consisted of regular weekly timetabled rehearsals for the entire period and then a full rehearsal schedule for the performance week is that considered regular and systematic
In Victoria, casual employment is generally considered "regular and systematic" if it has a clear pattern or roster, or if the employee can reasonably expect ongoing work. Your weekly rehearsals and full rehearsal schedule may meet this criteria. However, only a court or tribunal can make a definitive decision.
Snow White started on */*/* eded on */*/* Nutcracker started on */*/* Ended Saturday */*/* Romeo and Juliet Started 26th April * to 24th June *
Thanks for sharing more details, ****. Could you please clarify if you were employed regularly during these performance periods and if there was an expectation of ongoing employment during these times?
yes I was Snow White consisted morning class at 9am on mon, wed and fri followed by *-* hours of rehearsals nutcracker was Fridays and was class at *:30am then rehearsals fro 1pm to 3pm and Romeo and Juliet was 26th April * Fridays from *:30pm to 4pm production week 18th to 24th June was *.5hrs per day
Based on the regularity and systematics of your employment during these periods, you could potentially argue that they should count towards the *-month employment requirement. This is complex and may require legal consultation. Keep any contract or work schedule as evidence.
considering I was employed for * consecutive performance seasons could that also be used to support my case
Yes, being employed for * consecutive performance seasons can potentially strengthen your case. It shows that there was an expectation of ongoing employment, which is a critical factor in determining whether casual employment is 'regular and systematic'. It's still advised to consult with a lawyer.