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Working as a long term casual?

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Working as a long term casual?

Have you spent years working as a casual, doing regular hours and working next to someone who is doing the same job as you but getting annual leave, personal leave and other benefits?

Has this left you scratching your head and wondering how this can be? Well, the full Federal Court agree with you and in a recent landmark decision found that a worker employed as a long term casual should have been permanent and was entitled to annual leave payments. This worker walked away with nearly $30,000 in compensation and interest and has exposed the rort of employers using labour hire and sham casual arrangements in order to avoid statutory obligations.

If you’re working as a casual then ask yourself the following questions:

. Do you work regular, systematic and predictable shifts?
. Do you have an expectation of continuity of work?
. Do you have a stable, organised and certain roster?

If you’ve answered yes to any of the above questions then you might actually be in permanent employment and entitled to all of the attached benefits. Just because your employer calls you a casual and you’re paid as a casual doesn’t necessarily mean you are a casual.

Have a read of the following decisions for more information:

  • Williams v MacMahon Mining Services Pty Ltd [2009] FMCA 511
  • WorkPac Pty Ltd v Skene [2018] FCAFC 131

You can find them both at the following website: http://www.austlii.edu.au

Still got questions or want to do something about it? Give me a call on 0419 187 444 and let’s discuss it further.