Can casual staff claim leave accruals?

It is important to be clear from the outset whether or not your staff are, in fact, casual.

The May 2020 Federal Court Workpac Pty Ltd v’s Rossato (Rossato) decision made findings about casual employees. Primarily an employee with a ‘firm, advance commitment… to continuing and indefinite work according to an agreed pattern of work ‘ would not be considered a casual employee.

A staff member who is employed on a regular and systemic basis may be able to claim leave and other entitlements under the National Employment Standards although they have received the casual leave loading. Understanding casual employment and employing staff correctly will prevent an employee being able to “double dip”.

Where an employee makes a claim for leave entitlements, the employer would have to request a court to offset any casual loading amount in lieu of the National Employment Standard entitlements and it would be up to the courts to decide whether the casual loading is to be taken into account in each particular case.

Please contact us if you need more information.