September 22, 2021

This was an appeal against a Federal Court decision, which recognised Rossato as a permanent employee, entitled to leave, notwithstanding the fact that the employment contract recognised Rossato as a casual employee. The High Court, however, ruled that the contract of employment for Rossato alluded to employment as a casual and that this was what was agreed to and that subsequent regular work did not change the status of employment.

This was a decision of the High Court in which calculations of payment for personal leave were considered. The High Court disagreed with the Federal Court decision and determined that 10 days personal leave meant 76 hours, not those hours otherwise worked but for the leave. Notwithstanding an employee is still entitled to the payment for personal leave for the hours lost on that particular day up to 76 hours each year. Read the judgement from the High Court of Australia Download