In the recent decision of AMWU v Donau Pty Ltd [2016] FWCFC 3075, the Full Bench of the Fair Work Commission found that service of an employee as a casual employee prior to becoming a permanent employee must be taken into account when calculating redundancy pay entitlements. This decision will not only affect the calculation of redundancy payments, but is also likely to have significant ramifications on the calculation of other "service-related" entitlements, such as annual leave, personal/carer's leave and notice of termination.
If you employ casual employees, now is the time to review your organisation's potential liability in light of this decision.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
