COVID19 - Employer Advice Service: CLICK HERE
FREE: Working from Home Checklist

Casuals Archives - MDC Legal

Keeping it casual: Casual employee entitled to annual leave

Posted by | complaince, Contracts, contractual entitlements, HR Advice & Support, leave entitlements, modern award | No Comments

By Renae Harg, Senior Associate and Lauren Wright, Lawyer 

WorkPac Pty Ltd v Skene [2018] FCAFC 131

The Full Court of the Federal Court of Australia has rejected WorkPac’s argument that the “industrial meaning” of the term “casual employee” has been incorporated into the Fair Work Act 2009 (Cth) (the Act) for the purpose of the National Employment Standards (NES).

Read More

Employing “permanent” casuals: what are the benefits and risks for your business?

Posted by | Articles, Contracts, HR Advice & Support | No Comments

By Nicholas Parkinson, Lawyer

If employees are inappropriately classified as casuals, they may be able to bring claims against their employer for breaches of Modern Awards or the Fair Work Act 2009. They may also be able to claim that their employer has misrepresented their workplace rights. In these circumstances, employees will be entitled to seek compensation as well as penalties of up to $54,000 against the employer for each breach or misrepresentation.

Read More