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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Rarely does one want/need a lawyer, but when circumstances required I obtain one, Hilary and the WorkLaw team took exceptionally good care of me, had my back all throughout, and ensured the best possible outcome. It was an educational-process to say the least, but I am glad I trusted Hilary and went with WorkLaw.
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I cannot thank Sandy enough for her support throughout my employment matter. From the very beginning she was professional, knowledgeable, reassuring, and incredibly easy to communicate with during what was a very stressful time for me. Sandy always made sure I understood the process, gave honest advice, and handled everything calmly and professionally. Thanks to her guidance, we achieved a very positive outcome that I was genuinely happy with. I highly recommend Sandy and Work Law to anyone needing employment advice or representation. Thank you again Sandy. I truly appreciate everything you did for me.
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Aston was more than a pleasure to work with, he was determined, reassuring and straight to the point. He gave me confidence and comfort the whole way through. Aston is a fast paced worker who would always get back to you within a short time frame and was keen on getting things sorted. He is professional and he is also wholesome, taking into consideration of your feelings and understanding that a person can only deal with so much. He made everything feel like it would be sorted out eventually and to not give up hope. I would recommend Aston to ANYONE that needs employment advise, and i would definitely be going back to him if i ever found myself in a situation where needed. Highly recommend Aston. Enjoyed working with him from start to finish. 12/10 Thanks again for everything Aston.
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Yes my case and circumstances were complex, due to my mental health problems, I’m happy cause I got the right lawyer, my case was treated with professional and caring procedures within the guidelines and boundaries of a professional representive, who has first hand experience in helping someone in my position, I think the end result was a fair result for everybody involved in my case,, thank you very much Andrea and employment law, I can now move forward in my life with what was a very stressful time in my life regards kevin
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We were kept informed throughout the process which was professionally handled by Sandy.
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