We have recently reported on the decision in WorkPac Pty Ltd v Skene which rejected the commonly held understanding that an employee that was described as a casual was a casual for all purposes and not entitled to paid leave entitlements.
Rather than appeal that decision to the High Court Workpac has commenced fresh proceedings seeking declarations that:-
- a particular former casual employee was not a permanent employee and therefore not entitled to leave; or
- if they were a permanent employee, the casual loading that was paid to employee could be used to ‘set off’ any annual leave entitlements they may have accrued
Workpac argues that employees should not be entitled to ‘double dip’ and claim paid leave entitlements on top of the casual loading.
The Federal Government has now decided to join as a party to the proceedings reportedly in response to ‘the considerable concern across Australia’s 3 million small businesses and given the impact it could have on job creation and existing jobs’.
The outcome of this case will be important for all employers who employ workers on a casual basis as well as casual workers around the country. We will be keeping a close watch on these proceedings and will provide an update once more information is known.
Macrossan & Amiet Solicitors have extensive experience in all facets of employment law for both employers and employees and invite you to contact one of our experienced solicitors for assistance with any employment law requirements.