QLD Legal Hours for Casual Employee Under Employment Law?

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18 August 2016
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I have been casual for about 2 years, the last year averaging 35-40 hours a week. They have just informed me that it is illegal to be casual more than 12 months. They want me to do 5 days of 4 hours or 2 days of six hours. Is it illegal to stay casual on these hours under employment law?

I am happy being casual. Or is there an underlying reason why their HR department has said this, not thinking I would check? Some talk about I could be classed as not casual and entitled to leave?
 

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
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Sydney
lawtap.com
Hi Robyn

Could you let me know what industry you are in? It's possible that if the reduction in hours results in a reduction in pay you may have a claim for constructive dismissal if you cannot carry on at the place of employment due to the reduction in pay.
 
18 August 2016
4
0
1
Hi Robyn

Could you let me know what industry you are in? It's possible that if the reduction in hours results in a reduction in pay you may have a claim for constructive dismissal if you cannot carry on at the place of employment due to the reduction in pay.
I work for a transport company in admin covering OHS, stock, invoicing and cover all other duties when needed. Prior to my two years, I was with the company for 8 years, so they wanted me for my experience and knowledge. It will definitely impact me as I have an hour travel to work.

Regards
 

Matthew Lynch

Lawyer
LawConnect (LawTap) Verified
18 July 2016
105
9
414
Sydney
lawtap.com
My main question, is it illegal as they say to be casual for so long?
No. It is not illegal. And you do not have to accept the new hours they are offering you.