When 'regular and systematic' really matters for casual workforce planning
A long-serving casual horse-riding worker has lost her unfair dismissal case after the Fair Work Commission found her shifts in the lead-up to dismissal were too sporadic to qualify as "regular and systematic" engagement.
The decision in Sandra Hillyer v Chapman Valley Horse Riding [2026] FWC 1668, handed down by Commissioner Matheson on 8 May 2026, is a useful read for anyone managing a casual workforce, particularly in a small business.
Hillyer started with Chapman Valley Horse Riding in May 2023 and was employed on a casual basis from then on. She was dismissed on 7 January 2026, a tenure of around two years and eight months. On the face of it, that sounds like it should clear the minimum employment period with room to spare. It didn't.
Because Chapman Valley is a small business employer, the minimum employment period was one year. But for a casual, that time only counts if the worker was a "regular casual" with a reasonable expectation of ongoing employment on a regular and systematic basis. That's where Hillyer's case ran into trouble.
The employer put forward a shift history showing the engagement had thinned out considerably. Hillyer worked only three days in August 2025, no shifts in September 2025, four days in October 2025, no shifts in November 2025, one day in December 2025 and two days in January 2026. The employer argued there was no consistent pattern of days, hours or frequency by...
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