There’s Nothing Casual about Double Dipping

Thursday 13 September, 2018 | By: Olivia Van der Wagen

The Federal Court’s recent judgment in the WorkPac v Skene case regarding the employment status of a worker and its far-reaching implications have sent waves of confusion in the business community.

The facts are simple. Mr. Skene was employed by WorkPac and worked a 7 day on, 7 day off roster which was set in January for the rest of the year. Mr. Skene's contract classified him as a casual and provided for him to be paid a flat rate per hour which expressly included 'a loading in lieu of leave entitlements' and termination notice of 1 hour. When Mr. Skene's employment was terminated, he did not receive any payment in lieu of untaken leave on termination – which he subsequently sued WorkPac for.

The court found that despite Mr. Skene being characterized as a casual in his contract, he was found to be permanently employed by WorkPac in terms of the Fair Work Act and common law considerations. It also found that there was no evidence that Mr. Skene actually received casual loading. WorkPac was also fined for being in contravention of the Fair Work Act.

In making its judgment, the court discussed the principles of “double dipping” and the concept of casualness.

Casualness

The court indicated that in characterizing casual employment, the 'essence of casualness' consists of, amongst others:

  • The absence of a firm advance commitment as to the duration of the employee's employment or the days (or hours) the employee will work;
  • No firm advance commitment from the employer to continuing and indefinite work according to an agreed pattern of work (and the casual employee will also not provide a reciprocal commitment to the employer);
  • Irregular work patterns, uncertainty, discontinuity, intermittency of work and unpredictability;
  • The substance of the employment relationship is crucial and how the worker is characterized in their contract is only a factor.

Double dipping

The concept of double dipping is where employees are entitled to both the benefits of causal loading and paid annual leave. The court found that if a worker is deemed to be a full-time or part-time employee, but an employer nevertheless elects to pay them casual loading, this does not mean the employee is not entitled to payment of annual leave and other full-time/part-time employee entitlements.

The court’s findings have left both employers and employees with more questions than answers. Businesses need to be able to turn to legislation for clarity and in this instance, the Fair Work Act is not providing this. An amendment to the Fair Work Act to define casual employment and/or a casual employee will prevent future double dipping and create certainty in the nature of the employer/employee relationship.

In the meantime, when employing casual workers, employers must ensure there is no firm advance commitment and that they can prove they have paid their casual workers' casual loading. All aspects of the nature of employment, where possible, must point to its casualness.

Post your comment

Comments

  • apnetvplay.net 20/06/2019 8:11am (7 days ago)

    We need many stories, Like genuinely appreciated, You want addiitional data over it, mainly because it can be reasonably exceptional., Take care exclusively for declaring. You are great.

  • essay help 19/06/2019 9:42pm (8 days ago)

    Essay Help is one of the most in demand service that is often requested by college and University students. Writing essays is part of all the courses and are required by universities and colleges at all level. Once you graduate from your college, you just don’t expect that you wont be required to write essays any more. Regardless of the level you are studying in or the kind of subject you are enrolled in, all the essays are pretty much same type. They all have the introduction, body and conclusion.
    For further information & queries, Visit our website <a href = http://assignmentstudio.net/essay-help/>essay help</a>

  • Case Study Help 15/06/2019 5:31pm (12 days ago)

    Get the Best Case Study Help from UK, USA and Australia Experts at affordable price. Experience Best Case Study Help Experts in Industry in All Subjects and Topics. CaseStudyHelp.Com offers Case Study Assignment Help in Australia by highly qualified academic experts.

  • assignment help 14/06/2019 2:12pm (13 days ago)

    Allassignmenthelp is a web portal where students get assignment help for all the subjects, with the help of our experts. You will get 100% plagiarism free assignment.

  • No 1 Assignment Help 03/06/2019 9:36pm (24 days ago)

    You are sharing a fantastic blog. It is straightforward to understand for anyone. Thank you so much for sharing the post. Moreover, I am a writer at No1AssignmentHelp.com where our team provides No 1 Assignment Help for all Australian universities. If you need any writing services, then you can connect with us.
    Also, visit our website:
    https://no1assignmenthelp.com/

  • Fmovies 27/05/2019 8:16pm (31 days ago)

    I enjoy you sharing that blog article.Really thanks!

  • Putlocker 27/05/2019 8:15pm (31 days ago)

    Looking forward to examining more. Good post. Actually thanks!

  • SolarMovie 27/05/2019 8:15pm (31 days ago)

    Appreciated every bit regarding your blog post post. Cheers Again.

  • No 1 Assignment Help 22/05/2019 9:14pm (36 days ago)

    You are sharing a fantastic blog. It is straightforward to understand for anyone. Thank you so much for sharing the post. Moreover, I am a writer at No1AssignmentHelp.com where our team provides No 1 Assignment Help for all Australian universities. If you need any writing services, then you can connect with us.
    Also, visit our website:
    https://no1assignmenthelp.com/

  • Anastasiia 15/05/2019 5:19am (43 days ago)

    Nice post)

1 2 3 4 5 6 7

RSS feed for comments on this page | RSS feed for all comments