Unfair dismissal; regular and systematic employment

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