Much of the focus in the world of employment last financial year was on the repercussions of lockdowns, restructuring, and remote work. There were however quite a number of important changes and decisions which employers may have missed. We set out in the attached Paper a calendar of key events, and also a checklist of tips for FY22.
On 4 August 2021, the High Court overturned the Full Federal Court’s decision in Rossato (and the findings in Skene), holding that Mr Rossato was, in fact, a casual employee. The result is that Mr Rossato was found not to be entitled to any back payments. The decision represents a shift in how Courts have approached issues related to casual employment and provides employers with comfort in relation to casual employment arrangements.