BlandsLaw - Blog posts from Casual Employee
Please select your page
  • Twitter
  • Facebook
  • Google+
  • LinkedIn

A casual approach to casuals could cost you - August 2018

We routinely deal with employer issues around casual employment. This is not surprising given the fact that there is no definition of a casual employee in the Fair Work Act, as well as the largely misunderstood notion of who, what and when a casual.  However, a recent decision of the Federal Court has introduced some additional - and costly - hazards into these murky waters.

The case concerns an employee engaged as a truck driver by a labour hire company.

The employee was engaged as a casual and was paid at a rate that included a casual loading paid in lieu of entitlements afforded to permanent employees – notice of termination, leave, etc.

The employee worked for around 4 years under this arrangement.

The employee claimed he was not a casual and was employed on a full time basis.

Despite a number of factors indicating against this, the Court found that the employee was not engaged as a casual, and he was therefore entitled to be paid for leave accrued

Read more

More Articles