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Can a casual employee receive permanent employee entitlements?

A recent judgement saw an employee who was contracted on a casual basis, was in fact a permanent employee.
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Can a casual employee receive permanent employee entitlements?

Can a casual employee receive permanent employee entitlements?

5 December 2016

This article was originally featured on: http://www.australianbusiness.com.au/lawyers/news/federal-circuit-court-judgment-acts-as-a-warning-f
 

A recent judgement saw an employee who was contracted on a casual basis, was in fact a permanent employee. Does this impact you if you hire casual staff?



An employee contracted on a casual basis at WorkPac Pty was found to be a permanent employee according to a recent Federal judgement. 

What impact does this have to businesses who hire casual staff?  
This decision goes to show that in a Federal Court, an employee's status will not be the only variable taken into consideration when the parties describe their relationship. 

Other elements will be taken into consideration to see if an employee fits a casual status or not which can include how long the employee has been working with you, if there has been consistent behaviour from the employee or even if there have been any previous disputes or misconduct from the employee. 

If you currently have casual staff and are unsure if they would be deemed 'permanent', take a quick spot check by actioning the three steps below:

  • Pay attention on permanence and regularity of the employee’s patterns

  • Check all of your documentation have been signed and are up to date

  • Clarify salary and rates and make sure they are up to date


Most of all it is necessary to ensure that the contractual arrangements reflect the true nature of an employee’s engagement, or else employers could face back-payment claims for annual leave, personal leave, notice of termination, redundancy and so on.

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