VIC Am I a Casual Employee Under Employment Law?

[Kwamm]

I have a casual employee question.

I have been employed as a casual employee at a company for 2 years on their books. The position is accounts payable/payearoll. 1st year was as a temp.

When I went onto the company's books, I remained as a casual because they were not going to give me a good hourly rate as a permanent part-time. Around 14 months, into the employment on the books, I asked to become permanent part time (as I had worked for them for technically 2 years with no leave entitlements). This did not eventuate as they agreed to permanent part time but they were not willing to pay me a reasonable comparable rate for the work that I did. So I stayed as a casual.

I am now looking to find another job and in doing some searching, I have found out that perhaps I am not technically a casual. I have always worked consistent hours (there has been some variations of finishing times over the last two years, and a cut down to 4 days a week due to family) with the understanding that my employment was consistent and had no end date.

Can I please get some help on employment law to whether I am casual or am I considered a permanent employee and am entitled to leave, sick days, etc?

Thank you all in advance.

 

[Rod]

Casual rates have an inbuilt loading to take leave into consideration.

Are you wanting to hand back this loading in return for leave entitlements?

 

[Kwamm]

No. I am just questioning whether under some circumstances, under fair work casuals who are working in a capacity that is more like permanent part time, if they are entitled to holiday and sick pay.

I understand the casual rates and how they apply. I suppose I am questioning whether my employer has done the right thing by me.

 

[Rod]

Depends on what it is you want. Some people are happy staying casual and getting the higher amounts. Some people want the extra security of permanent employment.

Employer seems like they have done the right thing by you. You had a discussion with the employer on permanent pay rates and you didn't like the offer so you stayed casual. Nothing untoward here.

If you are not happy with pay and conditions of one employer you move elsewhere. In some decades and some industries it is a buyers market (employer - think service industries), in others it is a sellers market (employee - think mining boom, and IT before that).

 

[Kwamm]

Thank you for your reply Rod.

 

[Matthew Lynch]

What industry are you in and what were you doing?

You should work out what the minimum rate would be for your level as a permanent part time and work out how much annual leave and sick leave would have been payable as a dollar amount.

You should then work out if the casual loading exceeded this amount and if it is roughly the same then there is no great advantage from being a permanent employee.