Be Careful With Casuals
June 3, 2020
Casuals working regular hours entitled to leave
Last month the Federal Court handed down a decision (Workpac v Rossato) which allowed a "casual" employee to claim backpay for personal leave, compassionate leave, and public holiday pay. The decision also said that any casual loading already paid to such workers would not offset the back pay and that the worker is not obliged to repay the loading.
The decision re-confirms a 2018 ruling against the same employer (WorkPac Pty Ltd v Skene) with the same findings.
While there's strong advocacy from industry to try and get legislative change around the issue, we encourage all employers to review their own casual arrangements. Where your employees are working regular and systematic hours it may no longer be sufficient to call them casual and rely on the award provisions.
If you'd like us to conduct a compehensive review of your payment arrangements with employees, please contact us.
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