A recent court case between WorkPac & Skene [WorkPac Pty Ltd v Skene [2018] FCAFC 131] has highlighted some ambiguous areas surrounding casual employee contracts. It described how an employee who had consistent working hours as a casual, by law was unable to take sick or annual leave.
Casual Employees with permanent work arrangements – Are they entitled to work leave? – The court decision ruled that Mr. Skene (the casual worker) was entitled to these benefits despite being contracted as a casual worker, and was thus entitled to compensation and ‘accrued annual leave’. Further penalties were also imposed for WorkPac’s failure to commit to permanent employee entitlements.
Given the ramifications of this decision, it may raise some uncertainty and concerns for employers about their casual employees. It is important to note that the risk is most substantial if you employ casual employees who, like Mr. Skene, work(ed) within a permanent work schedule with little variation week to week. As this provides the grounds for a claim to be lodged for current and former employees that have worked in the past 6 years, meaning the employer may be vulnerable to penalties and repayments.
Unsure where you sit with some of your casual worker’s hours?
For any assistance with anything regarding Human Resources, please contact us at ABILITY GROUP.
For further information, please refer to:
Title: ‘Kick in the guts’: Employers cry foul over casual truck driver’s win
Source: SMH
Read time: 5 Minutes