The proper way to test whether an employee is casual

It is implicit in the recent WorkPac case, in which a very senior Full Court of the Federal Court of…

Read More →

Casual employees defined; paid leave for many next?

In a decision which has been widely and predictably criticized by those who advocate for employees’ rights in employment law…

Read More →

Unfair dismissal; casual employees and reduced hours

The concept of the rights of casual employees when hours are reduced is complex, as is evident in this extract…

Read More →

True casuals not counted for unfair dismissal

A small business employer under the Fair Work Act is an employer which at the material time has fewer than…

Read More →

Unfair dismissal; reduction in hours or pay for casuals

A decision by an employer to reduce the hours of a casual employee or remuneration can constitute a termination of…

Read More →

How to determine whether casual employment is “regular and systematic”

Here is an extract from an important Fair Work Commission appeal which sets out how the law determines whether a…

Read More →

Casual employees; has there been a dismissal?

It is reasonably common for an employer of casual employees to claim in an unfair dismissal case in the Fair…

Read More →

Casual employees; statutory vs common law status

There is a substantial distinction in Australia between the common law concept of a casual employee and the test under…

Read More →

What is a true casual employee?

When is a casual employee truly a casual employee? The answer to this question is context. There is some controversy…

Read More →

Compensation for unfair dismissal for casual employees

What follows is an extract from a recent Fair Work Commission case which deals with the issue of compensation for…

Read More →