Casual Employee?

Casual Employee? Know Your Rights

A casual employee is an employee who is not guaranteed regular hours, is not paid sick leave or annual leave and can have their employment terminated at any time without notice.

Casual employees are usually given more pay per hour (known as casual loading). The casual loading is usually 20% over the base pay per hour in lieu of annual leave and sick leave.

As a casual employee, you have a right to:

Unpaid leave

Casual employees are entitled to two days of unpaid leave for carers’ leave and compassionate leave for each occasion that it is needed.

Unpaid maternity leave

Casual employees who have been at their place of employment for over 12 months are entitled to unpaid maternity leave. This guarantees your position while you are on maternity leave for a period of up to 12 months.

Access to unfair dismissal provisions under the Fair Work Act

Depending on the size of the workplace that a casual employee is employed at, the employee can lodge an unfair dismissal claim with the Fair Work Commission within 21 days of the termination date.

A casual employee must have been in their position for 6 months if the business has more than 15 employees, or 12 months if the business has less than 15 employees and the business must be incorporated.

Access to unfair dismissal provisions under the Industrial Relations Act

If you’re a casual employee who works for a business that is not incorporated, then you may be able to lodge an unfair dismissal claim with the Industrial Relations Commission. You will need to lodge your claim within 28 days of your termination date.

Work free from discrimination

Casual employees have the same rights as part time and full time employees when it comes to working in a discrimination free workplace.

If you think that you are being subjected to workplace discrimination or not being able to access the unpaid leave that you are entitled to as a casual employee, then seek legal advice from an employment lawyer immediately to discuss your options.

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