Insights

Finally, clarity on casual employment

The High Court has recently handed down a landmark decision as to what constitutes “casual employment”.

In doing so the Court held that:

  • the fact that a casual employee has been employed on a long term basis and has an expectation of continuing employment on a regular and systematic basis is not inconsistent with a casual employment relationship; and
  • the terms of the written employment contract are of critical importance in determining whether or not an employee is a casual employee.

It is therefore important that businesses review their casual employment contracts to ensure they take account of the High Court decision (and for that matter the recent changes to the Fair Work Act in relation to casual employment).

Please contact Ian Tait on 08 9422 8111 or email buslaw@taitlegal.com.au if you require assistance with your casual employee contracts.