Hi there. An employment contract is an agreement between an employer and a worker, that sets out all the terms of the job, including things like holiday pay and other entitlements. Terms will vary depending on whether a worker is classified as an employee or independent contractor and, if an employee, on what basis they are employed (e.g. casual, part-time or full-time). Minimum entitlements apply to employment contracts, but generally do not extend to casual employees and independent contractors.

The first step is to determine whether you were classified as an employee or independent contractor, as per the terms of your employment contract. Your classification determines what entitlements you can claim. More information about the classifications of workers can be found on the Fair Work Australia website (www.fairwork.gov.au).

Australian employment law establishes the National Employment Standards (NES) which set out ten minimum employment entitlements for all employees, including the right to holiday pay (e.g. annual leave, paid sick and carer’s leave). Casual employees and independent contractors are excluded from the NES. This means that, if you were classified as either a casual employee or independent contractor, it is likely you were not entitled to holiday pay.

Reimbursement of income-related expenses, known as an ‘expense payment fringe benefit’, is an entitlement that an employer may offer to an employee, but it is not mandatory. Only certain employees may be offered this entitlement, and so if you were classified as either a casual employee or independent contractor, you were probably not entitled to expense payment fringe benefits. Although your employer may have acted unprofessionally by agreeing, in an email, to reimburse your expenses, they may not be required by law to reimburse you if your employment contract did not mention reimbursement.

Suggested way forward

You should consider speaking to an employment lawyer about your legal options, including what entitlements you may recover. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.