QLD Employment Law - Issues with Permanent Employment to Casual Employment?

[OTIS SMART]

A permanent employee requests to go casual. Employee is given casual shifts. Employee is then terminated as a casual only to find out there never was a contract done changing them from permanent to casual.

The employee was never given paperwork from the company for them to accept going from permanent to casual. The whole year the employee still was considered permanent but given casual shifts. The employee has asked for all of the paperwork to ensure everything was done correctly but the company is not wanting to answer.

Upon termination as a casual is when the employee noticed his AL was still there and had not been paid out at the initial transition from permanent to casual. Where does the employee go from here under employment law?

 

[Matthew Lynch]

Hi Otis

It is likely you can bring a claim for unfair dismissal or breach of contract as well as a claim for unpaid annual leave.

If you are a permanent employee, and you did not agree to convert to casual status, then forcing you into casual status is a breach of contract and you can bring a claim. You can bring a claim for unfair dismissal if you are a casual and but you had regular and systematic employment over the minimum employment period (1 year's service for a business of fewer than 15 employees, or 6 months service for a business with 15 or more employees).

I can assist you with taking this matter further.