BlandsLaw - Blog posts from Fair Work
Please select your page
  • Twitter
  • Facebook
  • Google+
  • LinkedIn

When can a Casual worker be protected from Unfair Dismissal?

What is Casual Employment?

The distinction between full time, part time and casual employees is not always as straight forward as it might appear.

Generally speaking, casual employees work irregular hours with no guarantee of ongoing work, are hired on an informal basis and are not entitled to paid leave, termination notice or redundancy benefits. However casual workers enjoy a higher hourly pay rate to compensate for their uncertain working arrangement, have the freedom to accept or decline work as it comes and can end their employment without notice. For employers, there are distinct advantages for hiring casual workers including the flexibility to increase staff during busy periods and the right to terminate without notice.

Protection from Unfair Dismissal

There is a common misunderstanding that casual workers cannot file for unfair dismissal; however this is not always the case. 

Employers are advised to monitor the employment relationship closely and be aware of whether these workers are being treated like permanent employees. Simply labelling and paying a worker under a ‘casual’

Read more

The redundancy provisions in the Fair Work Act place a positive obligation on employers to fully explore redeployment opportunities within oan employer's wider corporate structure. As lawyer Andrew Bland explains, proactively pursuing and proposing alternate employment opportunities before redundancy or termination will minimise the risk of unfair dismissal claims or adverse action such as litigation being brought by employees. Click here to read the full article

More Articles