Employment Disputes

Disputes often arise upon ending a relationship for many reasons. Ending a relationship can be as tricky and challenging as retaining people. We have a highly experienced team who can assist you with managing disputes at any stage of a people relationship or objective: from advising on restraints and confidentiality, issuing warning letters and termination notices, negotiating an early resolution through principled discussions upon a potential claim being posed, enforcing or resisting injunctions where necessary to preserve rights and interests, to making or defending a claim to conclusion in court (including applications made in the Fair Work Commission).

Our expertise spans across all types of claims including breaches of fiduciary duties, allegations of wrongful termination, unfair dismissal, general protection claims, under-payment or misclassification under modern awards, misuse of confidential information or intellectual property, employment discrimination and breaches of restraints.

Professionals

Kenneth Hong

Partner

Timothy Chan

Partner

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Workplace & Employment Litigation,Employment Contracts, Policies & Procedures, and Award Interpretations,Employment Disputes

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Workplace & Employment Litigation,Employment Contracts, Policies & Procedures, and Award Interpretations,Employment Disputes

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High Court Clarifies Definition of Casual Employee

As one of the most significant decisions by the High Court in 2021, the High Court has determined the meaning of a casual employee in Workpac Pty Ltd v Rossato [2021] HCA 23. Mr Rossato was employed as a production worker by Workpac’s labour-hire company under a series of six contracts, or assignments, to perform work for one of Workpac’s clients. While Mr Rossato was required to work regular and full-time hours according to a fixed pattern of work, Workpac treated Mr Rossato as a casual employee, such that Mr Rossato was not paid the leave or public holiday entitlements under the Fair Work Act 2009 (Cth) (the Act) and the enterprise agreement. The Court confirmed that the question of whether a person is a casual employee is to be determined by considering the express terms of a written employment contract, and not on the basis of any subsequent conduct of either party. To this extent, the court held any such commitment to further work must be contained in an enforceable agreement to be recognised. The High Court held that a casual employee is an employee who has no “firm advance commitment as to the duration of the employee’s employment or the days (or hours) the employee will work” and provides no reciprocal commitment to the employer.