When Casual Work Goes Bad

Casual employees have fewer rights than permanent employees. For example, casual employees cannot usually pursue personal grievances for unjustified disadvantage or unjustified dismissal. This of course provides an incentive for some employers to abuse their employees’ employment status by calling someone “casual” when they are not.

In our experience the majority of employees who have been told that they are “casual” are actually permanent employees (either full time or part time).

Even if you genuinely started off as a casual employee, you can become a permanent employee without realising it and through any of the following factors:

• The number of hours worked each week;
• If work is allocated in advance by a roster;
• If there is a regular pattern of work;
• If there is a mutual expectation of continuity of employment;
• If the employer requires notice before an employee is absent or on leave;
• If the employee works to consistent starting and finishing times.

Even if you are referred to as a “casual” employee this is meaningless. It is the actual nature of the working relationship that counts.

There are whole industries where the majority of employees are employed on a “casual” basis. Usually these industries are full of young people who don’t know their rights and feel unable to speak up. Examples include fast food and the entertainment sector.

If you have been dismissed from your “casual” job or disadvantaged in any way, it is worth checking the actual situation with us. Please contact us to see if we can help. If you are a parent who is concerned about how your son or daughter has  been treated please feel free to contact us too. We do not charge for initial emails and telephone calls.