7th March 2018
Fair Work Decides Casual Employee is Actually Full-Time
In a recent case, the Fair Work Commission has decided that an employee of 15 years was actually a full-time employee instead of a casual employee and ordered the employee receive 15 years worth of annual leave plus notice of termination.
15 years annual leave could be worth as much as $60,000. During the 15 years of employment the employee received casual loading of 20% (it is currently 25%).
The FWC focused on the fact that there was nothing in writing confirming the employment status of the employee. There was no written contract of employment confirming casual employment and payslips contained no reference to casual employment.
In the absence of anything in writing, the FWC looked at the working patterns of the employee and found that he worked full-time hours and there was never any suggestion that he may not be required to work each day or that he had the option to decline work. Employers should make sure that every employee is engaged via a contract or letter of engagement.
In the present case, if the employer had given the employee a letter confirming his employment as a casual, then I suggest that there would have been no question that he was a casual and not entitled to annual leave.
Employers should check their records for all employees (casuals, full-time and part-time) to ensure that they have written confirmation of their type of engagement along with other conditions.
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