Casual approach causes major headache: WorkPac v Rossato
In a unanimous, but 272 page, judgment, the Full Court of the
Federal Court has shattered what many employers had considered to
be the standard position about engaging casual employees.
An appeal is all but certain. However, as it stands, employers
with a casual workforce face an unprecedented risk of employees
claiming back-pay, and potentially penalties, for unpaid annual
leave, public holidays and personal/carer's leave entitlements.
Claims may also be brought for redundancy and notice of
termination.
The judgment has also made it clear that attempts to set-off, or
claw back, the usual 25% casual loading based on traditional
clauses will almost always fail. In a final blow, the Court has
effectively sunk the Government's attempts to use a recent
regulation to allow employers to set-off any underpayment against
the casual loading.
