When is a casual worker permanent?

A recent court decision has put employers on notice that casual workers might be considered permanent employees in certain circumstances

When is a casual worker permanent?

Casual workers who are employed for an extended period of time doing similar jobs to permanent employees can claim that they are permanent, according to a decision by the Federal Circuit Court of Australia in Apostolides v Mantina Earthmovers & Constructions Pty Ltd [2018].

How should employers minimise the risk of such claims from casual workers?

HRD’s Employment Law Masterclass will bring together some of the leading legal minds in Australia to help HR managers work through the complexities of the current workplace relations law landscape.

Up for discussion will be the impact of the FWC decision affecting the terms, conditions and entitlements of part-time and casual employees covered by 12 modern awards; when is a casual worker really a permanent employee?; does casual work count as service when calculating redundancy payments? considering the decision in AMWU v Donau Pty Ltd [2016]; overtime for casual employees in modern awards; the forms of rostering flexibility that casuals are entitled to; and whether casual employees have access to unfair dismissal, based on the decision in Robert Smith v GPH Recruitment [2017].

Find out what else is on the program here.

There’s still time to book in to an Employment Law Masterclass in your city. Go to http://law.hrdmag.com/ for more information.

 

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