Casual Employees may be held to be permanent employees

Friday, Oct 12, 2018

In a controversial decision the Full Federal Court has held that a casual employee employed in fact is not a casual employee, but a permanent employee and therefore entitled to paid annual leave. This decision is relevant to all employers engaging casual employees, regardless of industry and regardless of whether the relevant Modern Award or Enterprise Agreement provides for casual conversion.

The decision means that employers cannot simply rely on the use of the term “casual employee” in their relevant contract (verbal or written), Modern Award or Enterprise Agreement, but must ensure that a person engaged as a casual works in a way that meets the characteristics of a casual employee at all times.

To assist our members managing this new challegne, SAWIA is providing guidance, advice and briefings.