Employment Status & Owed Annual Leave
I have worked full-time for 1 1/2 years for the same Company and although I started out as a Casual, I believe (due to the length of time involved and the regularity of my schedule) that I could be re-classified as full-time. My Award gives me the option to convert after one year and I have constantly asked to convert but the Company keeps fobbing me off. Secondly, for over a year now I have been accumulating annual leave on my payslip (even though the Company still states I am a Casual), am I entitled to that Annual leave?
A casual employee can change to full-time or part-time employment at any time if the employer and employee both agree to it. However, employers also need to be aware that in some Awards, a casual employee, who has been engaged on a regular and systematic basis for a specific period of time, may have the right to elect to have their contract of employment reviewed to provide the option of permanent employment.
However, based on your advice that your Award gives you the right to elect the option of permanent employment and this has been ignored, it would appear that you may have a valid claim against your employers, both for reclassification and for annual leave entitlements.
I suggest that you first speak with your Union representative (if you are a member of a union) , who should take up this cause for you. Failing that, you should
make a complaint to the Fair Work Ombudsman or apply to the Fair Work Commission if the company continues to ignore you.
I do not know whether or not you provided written and dated notice of your election to convert to a permanent employee to the Company, and whether or not you kept a copy of this notice? If so, this will make it easier in your claim for reclassification as a permanent employee and consequently the annual leave entitlement. The fact that your payslips show annual leave accruing is further evidence in support of your claim.