We have been following the Rossato vs WorkPac case for many months now and on 13 August we finally received some clarity around the definition of ‘casual employment’ and the entitlements owed to long-term casual employees.
The High Court overruled the previous decision of the Full Federal Court, finding that employees are entitled to 10 ‘notional days’ of personal leave per year, by reference of their ordinary working hours. The legal definition has therefore returned to what it was before, being a pro-rata interpretation of personal leave days for part time employees.
The ruling no doubt comes as a relief to employers across Australia, given that it is the practical approach taken by many employers already, and almost all payroll systems can accrue and deduct leave according to this approach.
The judgment also removes the argument that part-time employees can access the same (or even more) hours of personal leave each year, when they do not work the same load as full-time employees.
Read more on the FairWork website