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QLD Legal Hours for Casual Employee Under Employment Law?

Discussion in 'Employment Law Forum' started by Robyn Marshall, 18 August 2016.

  1. Robyn Marshall

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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?
     
  2. Matthew Lynch

    Matthew Lynch Lawyer

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    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.
     
  3. Robyn Marshall

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    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
     
  4. Robyn Marshall

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    My main question, is it illegal as they say to be casual for so long?
     
  5. Matthew Lynch

    Matthew Lynch Lawyer

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    No. It is not illegal. And you do not have to accept the new hours they are offering you.
     

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