You may have read in the media about a 2019 case where a regular casual claimed annual leave entitlements even though the employer had thought their higher hourly wage was in lieu of these and so was not liable.
That cost would come from casuals “double-dipping” by claiming leave entitlements in line with a permanent employee, while still receiving the 25 per cent casual loading.
For casual employees who work a consistent number of hours each week, with little or no variation in the days worked or start and finish times, the risk is significant. At the other end of the scale, casuals who work irregular hours, with changes in the number of hours and times when those hours are worked, there is very little risk of deemed permanent employment.
This misunderstanding is common in many medical and healthcare practices who believe they do not have to pay sick leave and annual leave and can terminate a staff member without worrying about the unfair dismissal laws. It is now clear that this may not be true.
You are not alone. High-profile organisations such as the ABC and others are facing similar massive claims for the underpayment of wages. Some are even facing a class action.
The lesson for medical and healthcare practices is, they should review their employment agreements and arrangements now.
Accountants and bookkeepers should watch out for Fair Work laws
Be mindful that bookkeepers and accountants can be made liable under the Fair Works Accessorial Liability laws for not addressing any underpayments.
Should you have any concerns about your possible liability, we have employment template agreements prepared by an independent law firm Peripheral Blue Legal that will address these concerns. For more information see 1st July 2018 3.5% Award pay rise or freeze revisited!
For more information contact us at Health and Life firstname.lastname@example.org or for a no-obligation free consult. We are not lawyers and can refer you to experienced independent lawyers Peripheral Blue that have assisted our clients.
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