Casual worker wins unfair dismissal claim

Casual “Seasonal” Worker Wins Unfair Dismissal Claim

On 7 October 2022, the Fair Work Commission handed down its decision in the matter of Kate Clift v Tony’s Wholesale Flowers Pty Ltd.

This case highlights the importance for HRIA members, especially those in the seasonal events space, to seek legal advice when hiring and dismissing casual employees and seasonal workers, advises James Sanders, Principal at MST Lawyers.

Ms Kate Clift was employed as a casual production worker by an Adelaidebased wholesale florist supplier, Tony’s Wholesale Flowers Pty Ltd (Tony’s Flower).

Tony’s Flower contended that Ms Clift was employed as a seasonal worker. Due to the nature of the business, holidays such as Christmas, Valentine’s Day and Mother’s Day were peak periods, after which the workload significantly decreased.

Ms Clift was dismissed on 4 May 2022 along with two other employees due to the busy “event season” coming to an end.

Ms Clift claimed that she was not a seasonal worker and was dismissed because she had called in sick for three shifts in the two weeks prior to her dismissal.

The Fair Work Commission found that: 1. Ms Clift was employed on a regular and systematic basis for over 18 months and had reasonable expectation of ongoing employment. 2. There was no express term in Ms Clift’s employment contract that limited the employment to seasonal work or the “event season”, or any evidence of an understanding that the employment will conclude at the end of the “event season”.

It was determined that Ms Clift was unfairly dismissed and could have expected to be employed for another five weeks, which would provide Ms Clift with a maximum compensation amount of $2,890 plus superannuation.

The Fair Work Commission has ordered the parties to agree on a compensation amount or in circumstances that they cannot agree, for Ms Clift to file material in relation to her current earnings, at which time the Fair Work Commission will finalise the compensation amount to be awarded to Ms Clift.

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