Unfair dismissal and regular and systematic employment

 

This is an extract from the Fair Work Comission’s unfair dismissal benchbook which deals with the concept of reguar and systematicc employment under the Fair Work Act.

“What is employment on a regular and systematic basis?

The Fair Work Act does not define employment on a ‘regular and systematic basis’.

It is the employment that must be on a regular and systematic basis, not the hours worked.213 However, a clear pattern or roster of hours is strong evidence of regular and systematic employment.214

The term ‘regular’ implies a repetitive pattern and does not mean frequent, often, uniform or constant.215

The term ‘systematic’ requires that the engagement be ‘something that could fairly be called a system, method or plan’.216

Where there is no clear pattern or roster, evidence of regular and systematic employment can be established where:

  • the employer offered suitable work when it was available at times that the employee had generally made themselves available, and
  • work was offered and accepted regularly enough that it could no longer be regarded as occasional or irregular.217″