Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

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

Discussion in 'Employment Law Forum' started by Squires, 24 October 2015.

  1. Squires

    Squires Member

    24 October 2015
    Likes Received:
    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?

  2. JS79

    JS79 Well-Known Member

    2 October 2015
    Likes Received:
    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 -

    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
    to be connected with a local lawyer specialising in employment law.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

    2 November 2015
    Likes Received:
    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.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page