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

[sanju]

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?

 

[JS79]

You are essentially a permanent worker not casual and you would be entitled to holiday leave and sick leave.
See When Casual Employment is Actually Permanent Employment - Legal Blog - LawAnswers.com.au

 

[Serge Gorval]

You are essentially a permanent worker not casual and you would be entitled to holiday leave and sick leave.
See When Casual Employment is Actually Permanent Employment - Legal Blog - LawAnswers.com.au

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!!).

 

[sanju]

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.