Australia: Court Finds Casual Worker Entitled to Paid Leave

In May, a court found that a casual worker engaged by the Australian staffing firm WorkPac is entitled to paid leave. The mine worker, Robert Rossato, was engaged as a non-employee for six consecutive contracts between 2014 and 2018. The company claimed that Rossato was considered “casual labor” based on the absence of a commitment to the worker’s schedule or the duration of work, leaving him unqualified for paid leave. However, the court found the worker should have been entitled to paid leave because his actual employment was predictable and stable.

The finding highlights a struggle in Australia to navigate unclear legal ground, as employer groups call on the government to pass legislation to better define who classifies as a casual worker. Trade unions applaud the protections, while companies highlight the practical implications of adding conditions to hiring workers when large numbers are out-of-work due to the pandemic.

Takeaway: Companies in Australia face a similar set of uncertainties to those encountered in North America and EMEA regarding the definition of non-employee labor. Rather than diminish these uncertainties, the pandemic is likely to amplify them, as companies look to flexible workers as a path to expanding business. Companies can work with their talent solutions partners to better classify their worker population and adjust their policies to quickly align with evolving regulations and court rulings.

Australia: Court Finds Casual Worker Entitled to Paid Leave

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