Casual employment is under fire after a recent Australian court decision recognised the rights of people who enjoyed “regular and systematic” work.

In May, the court ruled in WorkPac Pty Ltd v Rossato that casual employees working regular and systematic hours with “predictable periods of working time” may be considered permanent employees, regardless of what their contracts say or whether they are paid a casual loading. 

The judgment means that some casual workers may be able to claim for entitlements not usually applicable to genuine casuals, such as annual leave, personal leave, compassionate leave and redundancy pay.

What should an employer do?

• Review the current working patterns of existing casual employees.
• If a casual’s employment history reveals a pattern of regular and systematic employment, employment to convert to a full or part-time work status.
• Provide casual employees, where possible, with a greater spread of hours.

For more information contact our office  0266580309