Casual or Permanent: Characterising Employees

The Full Court of the Federal Court of Australia has recently emphasised the importance of properly characterising a casual employment relationship.

In WorkPac Pty Ltd v Skene [2018] FCAFC 131, Mr Skene was employed by WorkPac Pty Ltd (“WorkPac”) as a fly in fly out truck driver at a mine. Mr Skene’s employment was terminated by WorkPac. Mr Skene argued that he was entitled to payment in lieu of accrued annual leave entitlements in accordance with the Fair Work Act 2009 (“FWC”) and enterprise agreement.  WorkPac argued that Mr Skene was not entitled to payment of annual leave because section 86 of the FWA and the enterprise agreement excludes casual employees from the entitlement to receive annual leave.

Mr Skene’s employment contract stated that he was engaged as a “casual employee”, however the Full Court held that the term “casual employee” has a legal meaning and is to be determined according to objective factors. Read the rest of this entry »

Contested Wills… the Court procedure

When a person intends to contest a Will, after establishing eligibility, he or she must commence proceedings in the Supreme Court. The District Court has jurisdiction however the Supreme Court is the preferred venue. The FPA list (as it is called) in the Supreme Court is managed by His Honour Justice Hallen. When the Summons commencing proceedings is filed, it is necessary for the applicant to file an Affidavit in support of the claim. A  Court practice note sets out those matters which must be addressed in the Affidavit in support of the claim. Read the rest of this entry »