Courtesy of our Australian HR/IR contributor – Luke McCarthy, we have an update that is very relevant currently for employers looking to continue the engagement of an employee who has resigned as a full-time employee through a change of work arrangement to that of casual employment.
Given the uncertainty of economic times that we currently face, there may be a temptation to restructure employee arrangements and status. Any changes to employment arrangements must be done with caution, particularly where a full-time employee resigns and takes up a position as a casual employee and is then terminated.
The six-month probationary clock doesn’t start ticking again if the employee resigns and then is employed as a casual and then terminated. If the employee then decides to lodge an Unfair Dismissal Claim with the Fair Work Commission (FWC) it doesn’t matter that the work arrangement changed, they are still protected from Unfair Dismissal by their previous permanent contract of employment with all the entitlements that they are due.
For more detail or questions on this contact Luke McCarthy on 02 43344176 or firstname.lastname@example.org