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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AMAZING! From the first point of contact, Emma was prompt and responsive asking me for all the paperwork relating to the employment issue and engaging with me over the phone asking the relevant dates and facts. She made a plan once she had efficiently and fully investigated the circumstances and confirmed I had a legitimate grievance with my Employer. At all times I felt secure with her knowledge and trusted her guidance. She took the emotion out of it, she knows NZ Employment Law extremely well therefore I don’t think you should look any further if you need an expert to navigate you through your employment case!
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Thanks for the brilliant review Deborah. We so appreciate it, all the best from Emma and the Work Law team.