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Do you employ Casuals? If so, you might want to read on!


    Yesterday, the Full Federal Court reaffirmed that casual employees working regular and systematic hours with “predictable periods of working time” are likely to be considered permanent employees, regardless of what their contract says and regardless of the payment of a casual loading. The latest judgement (WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the employer (Workpac) has been ordered to pay Mr Rossato unpaid annual leave, personal leave, compassionate leave and public holiday payments which are owing on the basis that he was a permanent employee of the company (notwithstanding that he was engaged as a casual). Further, while the company sought to be able to offset any payment of leave entitlements with the 25% casual loading paid, this was rejected. The key considerations in this case include rostering practices, the interaction of payment in lieu and minimum entitlements to leave and public holidays and the absence of a contractual provision for repayment of the casual loading should the employee be found to be wrongly classified as casual. If you would like to discuss how you can manage your possible current and future risks with casual employees, HBA Consulting can help. Contact Gary Champion on 02 62474490 or 0419401250 or email to gary.champion@hbaconsulting.com.au

For more information contact Gary Champion Principal HBA Consulting

gary.champion@hbaconsulting.com.au or 02 62474490

Canberra

29 Somerville,
St SPENCE ACT 2615
PH : 02 6247 4490

Sydney

Level 32, 101 Miller St,
North Sydney NSW
PH: 02 8019 7164

Melbourne

Level 2 Riverside Quay,
1 Southbank Boulevard,
Southbank VIC,
PH: 03 9982 4544

Brisbane

Level 19, 10 Eagle Street,
Brisbane QLD
PH: 07 3303 0807