ARTICLE · 23 JULY 2021

Successive short-term contracts – Is it continuous employment?

Coleman Greig Lawyers

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For these facts, successive short-term contracts over a period of 2.5 years were found not to be continuous employment.

AustraliaEmployment and HR

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Employers and employees alike must understand the terms of an applicable employment contract or agreement, which is binding over and provides guidance in relation to an employment relationship.

In a recent Fair Work Commission (the Commission) case, successive short-term contracts over a period of 2.5 years were found not to amount to continuous employment. Therefore, the applicant did not meet the minimum employment period to pursue an unfair dismissal claim.

Michael Nasr v Mondelez Australia Pty Ltd [2021] FWC 2802

Employment Contract

Mr Nasr, the employee, was employed with Mondelez from 2 July 2018 to 31 December 2020. Mr Nasr's employment was subject to eight fixed-term contracts over this period. Six of these contracts had a maximum term of 3 months including the last maximum-term contract, a 12-month maximum term contract and a one-month maximum term contract.

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