Charles Borg v NSW Greyhound Breeders, Owners & Trainers' Association

Borg, an employee of the Greyhound Breeders, Owners & Trainers' Association, brought an application for unfair dismissal remedy. The Association argued that Borg's employment was casual, not permanent, and therefore not protected from unfair dismissal. Borg claimed that his employment was regular and systematic, protected under the Fair Work Act 2009 (Cth). The Fair Work Commission was tasked with determining whether Borg's employment was casual or permanent, and if his dismissal was unfair.

The key issues before the Commission were whether Borg was employed on a casual basis or if his employment was regular and systematic, thereby protected under the Act. Additionally, the Commission had to determine if Borg's dismissal was procedurally fair and whether there was a valid reason for his termination. The Association argued that Borg's employment was casual and not protected, while Borg maintained that his employment was regular and systematic, with a valid reason for dismissal lacking.

The Commission found that Borg's employment was indeed regular and systematic, as he was consistently designated to work at race meetings on specific days of the week for regular and systematic hours. This regularity and predictability indicated that Borg's employment was protected under the Act. The Commission further found that the Association failed to follow lawful and reasonable directions, which constituted a valid reason for dismissal. However, the Association's failure to provide procedural fairness rendered the dismissal unfair. Consequently, the Commission ordered compensation for Borg, finding reinstatement inappropriate due to the nature of the employment and the circumstances surrounding the dismissal.

The final orders included compensation for Borg, reflecting the Commission's findings on the regularity of employment, the failure to follow lawful and reasonable directions, and the procedural unfairness of the dismissal. Reinstatement was not deemed appropriate in this case, given the specific circumstances and the nature of the employment.