Employers continue to be subjected to a lengthening list of
underpayment class actions, as litigation funders who are looking
for new sources of profit explore the benefits of a number of
recent employment law decisions.
This trend has continued in the recent decision of the Full
Federal Court in WorkPac Pty Ltd v Rossato [2020] FCAFC 84
where the case made national headlines for confirming that an
employee engaged as a casual can still be considered a permanent
employee despite there being a contract of employment stating
otherwise.
Refer to our earlier publication on this
decision
As a result, a series of class actions have now been announced
targeting companies and labour hire firms that use long term causal
employment contracts. The case highlights a growing risk to
employers from underpayment class actions.
