Are your casuals really casuals?

On 20 May 2020 the Full Federal Court delivered its decision in WorkPac and Rossato. Here is a link to the case.

The court held that casual employees who work regular and systematic hours are likely to be considered permanent employees and entitled to annual leave and personal and carers leave. The court held that the payment of a loading did not operate to remove or offset the potential leave entitlements. The case confirmed the approach the court had taken in WorkPac and Skeene in August 2018.

Employer groups have indicated that an appeal to the High Court is likely. The Federal Government has also indicated that legislation may be introduced to reduce the potential effect of the case.

If you employ casuals and they work a regular and systematic shift pattern, you are potentially exposed to claims for payment of leave. You should review those contacts and obtain advice urgently.

Here is a link to a story on the case.

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