WA Employment Law and Annual Leave - Casual Employee or Permanent Employee?

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Squires

Member
24 October 2015
1
0
1
I have worked at a Company for 1 1/2 years as a 'casual' employee working regular full-time hours from day one.
  • Firstly, although considered by the Company as a casual employee, due to the elapsed time involved and regular routine during that timeframe, would I not be re-classified legally as full-time permanent employee under Employment Law?
  • Secondly, after about 4 months I started getting time accrued in my payslip for annual leave (standing currently at approx. 180 hrs). Although casual employees are supposedly not entitled to annual leave, am I entitled to ask for this to accrual of time when I leave?
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
Your hours do suggest that you are a full time worker rather than a casual employee.

An article regarding this can be found here: When Casual Employment is Actually Permanent Employment - Legal Blog - LawAnswers.com.au

Under the Employment Law legislation, you could seek loss of annual leave, sick leave and superannuation from your employer due to treating you as a full time employee but treating you as a casual employee. I suggest that you seek legal advice from a lawyer that specialises in employment law. See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you/
to be connected with a local lawyer specialising in employment law.
 

Serge Gorval

Well-Known Member
LawTap Verified
2 November 2015
201
12
614
Sydney
lawtap.com
You are a regular and systematic casual EE which therefore gives you unfair dismissal rights.

Given that you are accruing annual leave, you very well can make the argument that you are in fact a FT EE and should be paid out your annual leave.