There remains much uncertainty and confusion around casual entitlements, but employers can take some basic steps to limit their exposure to 'double dipping'.
Regulations introduced to prevent double dipping haven't patched the difference between last year's full Federal Court WorkPac v Skene decision and the common law position, K&L Gates partner Christa Lenard tells an HR Daily Premium webcast.
Employers can curb exposure to claims, however, by clearly referencing casual loading in contracts and on payslips and specifying that it compensates for permanent employee benefits, Lenard says.
Further, offset clauses in employment contracts help limit the quantum of entitlements any worker might be able to claim, she adds.
In the following webcast excerpt, Lenard highlights some areas that remain "a moving feast in terms of what ultimately will occur" in the casual entitlements space, along with practical guidance on risk minimisation.
The full webcast, accessible with HR Daily Premium membership, also sets out a risk assessment rubric based on the Skene test to help employers determine whether they have a low, moderate, or high risk of facing entitlements claims from casuals – upgrade here if you're not a premium member.