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.

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What our clients are saying

My employment law issue was resolved very quickly

Rated 5 out of 5
20 October 2021

Kam had my workplace issue resolved to my advantage in just a week. It was such a relief because I had been under a lot of stress and wanted to leave my position, but the process was quite scary. All of that was lifted from my plate and the result was impressive. Fees are also extremely reasonable and you don’t have to worry as you watch hourly rates build up as that’s not how it works.

Megan H.

Response from No Win No Fee

Thanks for taking the time to share your positive experience Megan. Best wishes from Kam and the team at Work Law.

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