What rights do casual employees have in the workplace?

A genuine casual employee works when it suits both them and the business. They aren't obligated to accept work when offered.

Characteristics of a Casual Employee:

• No guaranteed hours of work.

• No regular pattern of work.

• No ongoing expectation of employment.

If a casual employee starts working regular hours, days, or is rostered, they are likely not a genuine casual. Legally, they may be considered a permanent part-time employee.

Do Casual Employees Get Holiday Pay?

Sort of. Genuine casual employees usually have irregular work patterns, making it impractical to provide 4 weeks of annual leave. Instead, they receive an additional 8% of their pay each pay cycle instead of accrued annual leave.

Do Casual Employees Get Sick Pay, Bereavement, and Domestic Violence Leave?

Yes! If they have worked:

• An average of at least 10 hours a week for six months, and

• At least one hour a week or 40 hours a month.

Can They Be Fired Easily?

Since genuine casual employees have no expectation of ongoing work after the last period they accepted, an employer can simply stop offering work. However, this might not apply in cases of unjustified dismissal, such as:

• The employee had already accepted the work.

• The employer acted unreasonably.

• The employee was not a genuine casual employee.

In Conclusion

Casual employees share many rights with permanent employees. Be cautious when using casual contracts unless the employee will be a genuine casual. If an employee starts as a genuine casual but develops a pattern of work, they may no longer be a casual in the eyes of the law.

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