Casual staff get holiday pay?

If you are an employer of casual staff you ARE NOT GOING TO BE HAPPY with this decision by the Full Court of the Federal Court in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The 183 page decision can be boiled down to this:

1. Your "causal employees" may be entitled to paid annual leave, paid personal/carer’s leave, paid compassionate leave and payment for public holidays.

2. This is so even if the employer paid the causal employee the additional 25% loading that casuals receive for their casual status as opposed to full time status.

3. Furthermore the employer will not be able to set off or reclaim the 25% loading on the basis of over payment or mistake.

In this case Rossato was employed on a casual basis. The court however took the view that the "parties had agreed on employment of indefinite duration which was stable, regular and predictable" . In that circumstance the court found Rossato was "was other than a casual employee for the purposes of the FW Act and not a casual FTM under the 2012 EA".

It has been stated that the decision exposes employers to $14.2 billion in backpay claims.

WorkPac are seeking special leave to appeal to the High Court.

However if you are a casual employee, you are going to be more than happy with the decision!

Disclaimer This publication is intended as general information only and not specific legal advice. All liability is specifically disclaimed for reliance on same. Seek professional legal advice.

“Liability limited by a scheme approved under professional standards legislation.”

Lawyers Townsville, Lawyers Brisbane

Lawyers Townsville 07 4724 2969 Lawyers Brisbane 07 3180 0162

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