Are your casual employees entitled to leave?

Public news

Recently there was an important decision in the case of WorkPac Pty Ltd v Skene [2018] FCCA 3035 that raised the possibility of casual workers being entitled to leave.

It is important that your business has review its arrangements in relation to casual staff as a result of the WorkPac case so that your business is protected.

The key is to ensure that there is not an ongoing expectation of continual employment for your casual employees. To achieve this, there are a number of steps that can be taken including:

  • Issuing casual employment contracts
  • Meeting the casual conversion obligations as per the award
  • Where an employee rejects an offer to go full-time or part-time this is put in writing
  • Issuing rosters that reiterate the causal nature of the work
  • Separating casual loading on payslips
  • Require each employee to accept each offer of work in writing before commencing

The more steps that are taken to ensure that the employment is casual in nature and the more written documents you have to this effect, the less the likelihood of your casual employees being entitled to leave.

If you are yet to review your arrangements with casual workers since the WorkPac decision then please contact the MTA so we can help assist you with this and implementing the steps neccessary that have been discussed above.

It is also highly recommended members attend our payroll training on 10 October 2018 so that we can go into further detail on how to address this issue as well as advise on other common issues in the industry.

If you would like to register your interest in this course please call the MTA on 8291 2000 or email the Workplace relations team by clicking here.