A casual employee has no guaranteed hours of work, or regular pattern of work, and has no ongoing expectation of employment. If you are truly a casual the employer has no obligation to offer you work.

There can be a thin line between permanent and casual employment. In some cases, employment may start on a casual basis, but evolve over time to be permanent – even if the parties don’t realise this has happened. There are several points of reference that need to be determined in order to decide if on the facts a particular job is permanent or casual. Such points include the following:

  • A person may be considered a permanent employee if they are found to regularly work for the employer. However, where any such employee has signed an employment agreement which designates employment as casual then it will be more difficult, but not impossible, to argue that such employment is in fact permanent.
  • A part-time employee is likely to be classed as a permanent employee if that employee reasonably held an expectation of a continued offer of regular employment by the employer.
  • Initial casual employment may change to permanent employment if there is evidence that, over time, such employment evolved from irregular and uncertain work to a regular and certain pattern of employment by the employer.

In the absence of a written employment agreement, a casual employee may be considered a permanent employee if they regularly work for the employer.

We can help you determine whether your employment is casual or part-time and pursue any grievance you may have arising from your employment.

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You have nothing to lose by having a free consultation with an Employment Law Advocate.

You can email us using the form below. When you receive the automated reply to your email please reply and attach any correspondence you have received from your employer.

What our clients are saying

Work Law is all you need!

Rated 5 out of 5
April 13, 2021

To say Kam Bailey is amazing would be an understatement! Her professionalism and expertise are second to none, coupled with her empathy and genuine care for her client is what has made the whole process of needing an advocate more bearable. Thank you Kam for all you have done for not only myself but my family as well. You have made something that could have gone terribly wrong and been detrimental to the well being of my family into a more positive outcome. I wish you all the best for future endeavers.

Graham Nelio

Response from No Win No Fee

Thank you for sharing your experience with Kam, Graham; We, too, wish you all the best with your future endeavours. Kind regards, Kam and the Work Law team.

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