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Is your business in a position to offset claims by its casual employees?

The landscape regarding casual employees has changed dramatically in the last six months.  I refer you to my articles “Casual Conversion Clause” and “Alert:  Casual employee entitled to annual leave”.

If you answer ‘yes’ to the first question appearing below, and ‘no’ to the second, then you can take a couple of simple steps to put you in a better position to lawfully offset a claim to permanent entitlements by a ‘casual employee’:

  • Do you have an employee who is employed by you on a casual basis (ie your records refer to him or her as being a casual employee) yet the employee works regular and systematic hours for you (ie every Monday and Wednesday, from 10 am to 2.30pm)?
     
  • Do you pay the employee a casual loading that is clearly identifiable as being paid in lieu of entitlements that the employee would be entitled to under the National Employment Standards (NES), if his or her employment is deemed permanent – ie personal and annual leave?

I will be holding some information briefings at our Charlestown office in March, details are as follows:

  • Wednesday, 13 March from 6 pm to 7 pm (RSVP 11 March)
  • Thursday, 21 March from 8 am to 9 am (RSVP 11 March)

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