WA S357(1) casual, permanent, approaching from different angle

[Jenny453]

Could you argue 357(1) that putting a third party arrangement (labour hire agreement) in place when the job at hand is not based on specific tasks and the nature of the work required specific training to perform duties that are obviously going to be required into the far future, at least 20 years. Basically trying to fall back on the casual concept when there is no way the casual concept could fit in regards to the context of the work required.

I think there is alot a focus on casual etc.. But what would be the elements that would make someone permanent full time.

 

[Tim W]

Are you the worker, or the pretending-not-to-be-an-employer?

 

[Jenny453]

Ex worker now

 

[Jenny453]

Have done my General Protections application managed to get both parties and two individuals added to the application under sec 550. Apparently I was labour hire and casual which I had no awareness of, furthermore the two entities which are respondents had a contract for me I was oblivious to 😳

 

[Jenny453]

Did not realise it was legal to sell an individual for services without there knowledge, crazy.

 

[Jenny453]

The government has two bills in the comming week that will be proposed. They seem to concentrate on casual employment, but from my perspective the two proposals are fundamentally eradicating the idea of Permanent employment and deminishing the individual right to access employment rights under the NES and basic human rights.

 

[CSFLW]

Hello Sj

Sorry, from your post it is difficult to make out what the nature of your GP claim is.

What is your GP claim?

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[Rod]

You appear to have two possible claims, casual vs permanent employee and sham contracting.

Yes, s.357 directly targets some labour hire agreements.

The circumstances/details are what will decide the strength of your case.

 

[Jenny453]

The omnibus IR bill isn't really an issue I think, when you really look at legal issues in regards to employment it's the reasonable intentions and actions the parties make to keep the employment going, it could make things very "grey" but at the end of the day it's a simple fact that casual employment is not reliable for either party, the potential high turnover in staff drowns an entity in training and costs.

A good team is a good team, if your constantly switching out workers you may have lost site of your goals.. If you are unable to confidently define your needs or define them unrealistically your going to fail.