Long-term casual employment rights

Many employers as well employees are unaware of the rights of long-term casual employees. According to the Fair Work Act, a long-term casual employee is an individual that:

  • is a casual employee; and
  • has been employed by an employer on a regular and systematic basis for a period of at least 12 months.

The type of factors that would indicate a casual employment was regular and systematic includes:

  • an employee being offered work regularly;
  • the employee generally accepting the work when offered;
  • the total hours worked are similar to that of a full-time employee;
  • a clear pattern of work can be shown; and
  • the employee could expect to be offered work each week.

Under the Fair Work Act, long-term casual employees are entitled to:

  • protection from unfair dismissal (after a six-month period of continuous employment) However, they are not entitled to notice of termination or any redundancy payments;
  • the ability to request for flexible working arrangements (after 12-month period of continuous employment); and
  • unpaid parental leave (after 12-month period of continuous employment).

If you require any further information in relation to employee entitlements, please do not hesitate to contact our team of accountants and lawyers at The Quinn Group on (02) 9223 9166 or submit an online enquiry form today.