Latest clarity on casual v permanent employees

• Published date: 07 September 2021
• Subject Matter: Employment and HR, Insolvency/Bankruptcy/Re-structuring, Insolvency/Bankruptcy, Contract of Employment
• Law Firm: Worrells Solvency & Forensic Accountants
• Author: Mr Nikhil Khatri

DON'T BE CASUAL ABOUT EMPLOYEE CONTRACTS!

Last year I wrote about how industrial relation laws were developing, with the government attempting to (rather ambitiously) overhaul workplace rights and conditions against the backdrop of COVID-19's economic instability. At the same time, the judicial system made a decisive call around the ongoing saga: casual versus permanent employee in the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). This year, these two issues appear to have intersected in a way probably not intended nor anticipated.

In Rossato, Robert Rossato was employed as a casual worker by WorkPac, however he claimed to be a permanent employee and therefore entitled to annual leave and other benefits. The Full Federal Court sided with this employee, considering post-contractual conduct, which included successive contracts and rosters compiled up to a year in...