QLD ER/IR Online Network
In a unanimous, but 272 page judgement, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees.
An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, for unpaid annual leave, public holidays and personal/carer’s leave entitlements.
The judgement has also made it clear that attempts to set-off, or claw back, the usual 25% casual loading based on traditional clauses will almost always fail. In a final blow, the Court has effectively sunk the Government’s attempts to use a recent regulation to allow employers to set-off any underpayment against the casual loading.
Join Senior Associate, Tom Reaburn from McCullough Robertson where he will further discuss this judgement.
This forum is suitable for:
HR Practitioners of mid to senior career level, specifically in the roles of:
- Employment law
- HR Business Partner
Speaker: Tom Raeburn, Senior Associate, McCullough Robertson
Tom specialises in Work Health and Safety, Employment Relations and Government Focused Law.
Tom acts for both private and public sector clients in relation to WHS Law, Rail Safety Law and Heavy Vehicle National Law and a key focus of Tom’s practice is State and Federal Government.
Tom has an understanding of the unique environment within which Government operates, including administrative and judicial review litigation, large scale restructuring of Government entities and the design and implementation of enforcement and compliance regimes.
Tom commenced his career as a Senior Investigator for Commonwealth WHS regulator, Comcare.
In private practice, Tom has completed secondments to the NSW Police Force and the Commonwealth Department of Communications and the Arts, in senior legal positions.
Tom’s full bio can be read here.
Registration closes Wednesday 22 July 2020
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