In the absence of a written employment agreement a casual employee may be considered a permanent employee if they regularly work for the employer.
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 an irregular and uncertain offer to a regular and certain offer of employment by 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.