In Graham v Bluesuits Pty Ltd t/as Toongabbie Hotel (unreported, Australian Industrial Relations Commission, 3 November 1999, Print S 0282) the AIRC dismissed a claim by a casual employee in the hotel industry who was regularly rostered on a four-day week.

Although the employment had been regular and certain and the employee would have had a reasonable expectation of continuing employment by the hotel, he did not satisfy the requirement that he had been employed for a twelve-month period and was therefore excluded from the unfair dismissal jurisdiction.

In O'Connor and Medical Transport Services (unreported, Australian Industrial Relations Commission, 7 December 1999, Print S 1699) the AIRC dismissed a claim by a casual employee in the ambulance industry who had worked intermittent shifts for more than twelve months.

In the view of the AIRC the employee did not have regular and systematic employment nor did he have a reasonable expectation of continuing employment. His shifts were determined by when he made himself available to work and he was neither guaranteed work nor obliged to provide his services to the transport company.

Regulation 30B (3) provides that the only casual employees who can gain access to the unfair termination provisions are those who have:

(a) been engaged on a regular and systematic basis for at least twelve months; and
(b) a reasonable expectation of continuing employment by the employer.

To satisfy this requirement they must have been employed for at least a twelve-month period and their employment must have been regular and certain within that period.