The Case

Liting Gu v Geraldton Fishermen’s Co-operative Pty Ltd (2022)

Geraldton Fishermen’s Co-operative Pty Ltd (Geraldton FC) employed Mrs Gu as a casual employee for 14 months.

On 24 January 2022, Mrs Gu lodged an unfair dismissal claim with the Fair Work Commission (FWC) after her employment was terminated. Geraldton FC made a jurisdictional objection on the basis that Mrs Gu was a casual employee and hence not eligible to make an unfair dismissal claim.

Geraldton FC submitted that its use of casual staff was dependent on the volume of fish caught each day. Mrs Gu’s employment contract stated she was employed as a casual employee and that “nothing in this letter is intended to give rise to a permanent employment relationship, or an expectation of regular, ongoing engagements”. While not having stated hours or days of work, Mrs Gu was offered casual shifts and worked every week.