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NSW Employment Law - When Does a Casual Become a Permanent Employee?

Discussion in 'Employment Law Forum' started by sanju, 24 December 2015.

  1. sanju

    sanju Member

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    I have been working (delivery driver) at the same company for 13 years as a casual. I work 5 days a week, start at the same time and finish at the same time every day ( 5 hours a day 25 hour a week since 2002).

    I don't get sick leave and holiday leave. I only got long service leave after 10 years work and superannuation

    So am I entitle now to get sick leave and holiday leave with pay under Employment Law?
     
  2. JS79

    JS79 Well-Known Member

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  3. Serge Gorval

    Serge Gorval Well-Known Member
    LawTap Verified Lawyer

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    The above is somewhat correct.

    Yes, you most certainly are a regular and systematic employee but whether you're a permanent employee is a different story.

    Do you:

    1. get paid a casual loading ?
    2. ever been paid sick or holiday pay ?
    3. have evidence of your employment arrangement?
    4. know which award or agreement covers you?

    Don't forget that casual employees also qualify for Long Service Leave in NSW ( Section 4 LSL Act).

    if there is sufficient evidence to establish or at the very least cause doubt to your arrangement, I would consider filing an application in the Federal Circuit Court for unpaid entitlements ( it would be a large claim!!).
     
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  4. sanju

    sanju Member

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    No, I am not getting any casual loading. Never been paid sick and holiday pay.

    I don't have employment arrangement but I have a pay slip. It clearly shows I am casual and mention long service leave hours as well.

    I do get long service leave, just took last year with pay.
     
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