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Ramifications for Australian Businesses who hire Casual staff

Uncategorized Nov 11, 2018

In a decision handed down yesterday, the full power of the Federal Court ruled in favour of a casual truck driver who was employed at a Rio Tinto mine by labour-hire company Workpac.

The employee had been terminated by the company after working there for nearly four years in a casual position. 

The worker took the labour hire to court arguing that he was a regular employee due to working 12.5-hour shifts in a seven days on, seven days off continuous roster arrangement and was therefore owed annual leave to the value of around $21,000 plus interest.

This decision will certainly have an impact on other companies who run the risk of employing casuals on regular and systematic working hours.  

It may be time to re-visit your workforce and ascertain whether or not you are utilising casual employment to fill 'gaps' in staff coverage or short term projects or whether they are performing long term part-time or full-time roles within your organisation. 

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