What is the minimum period of employment?

Contains issues that may form the basis of a jurisdictional issue

See Fair Work Act 2009 s.383

An employee may make an application for an unfair dismissal remedy if they have completed a minimum employment period of:

• six months, or
• one year – where the employer is a 'small business'.

Periods of service as a casual employee may or may not count.

Related information

• Periods of service as a casual employee

See Fair Work Act s.23

A small business is a business that employs fewer than 15 employees. The number of employees is determined by a head count of all full-time and part-time employees. Regular casual employees are also included in the count.

Associated entities of the business are taken to be one entity.[1]

To avoid doubt, in determining whether a business is a small business at a particular time in relation to the dismissal of an employee, or termination of an employee’s employment, the employees that are to be counted include:

the employee who is being dismissed or whose employment is being terminated, and
any other employee of the employer who is also being dismissed or whose employment is also being terminated.

Related information

• Who is a regular casual employee?
• How do you calculate the minimum period of employment?
• What is continuous service?
• What is an excluded period?