A casual

• Accepts a job with no firm advance commitment of ongoing work with an agreed pattern of work
• Does not receive paid annual and sick leave entitlements
• Usually receives a 25% loading in lieu of other paid entitlements

A part time employee

• Works less than 38 hours per week on a regular and systematic basis
• Must have a set number of hours per week, as well as set days and times at which those are worked. These hours need to be agreed upon in writing before the employee commences employment.
• Can only work additional hours (up to and including 38) by written agreement.

Entitlements

Leave.
A part time employee is entitled to paid annual leave, as well as paid personal/carers (sick) leave. A casual employee is not entitled to either. While a part time employee is entitled to paid compassionate leave, a casual employee is only entitled to unpaid compassionate leave.

Job Security.
A casual employee is one who is engaged on an “as needs” basis and therefore should have no expectation of ongoing work. Essentially, the employment of a casual begins and ends with every shift.

Notice of termination.
While part time employees are entitled to the notice provisions stipulated in the National Employment Standards, the “as needs” nature of casual employment means they are not entitled to notice of termination. This also applies to long term casuals.

Redundancy Pay.
If a casual position is made redundant, the casual employee who held that position is not entitled to redundancy pay. Keep in mind, redundancy pay only applies if a practice has more than 15 employees.

Casuals who have worked for 12 months on a regular basis and have a reasonable expectation of ongoing work, are entitled to unpaid parental leave. In the same way. They can also request flexible working arrangements and are entitled to make a claim for unfair dismissal.

In an age where causal employment is becoming increasingly prominent, the Fair Work Ombudsman is beginning to crack down on casual employees being treated as permanents without receiving the applicable entitlements.

If you currently have a casual employee who is working regular and systematic hours, you may want to consider offering them permanent employment. Legislation is currently being considered which could eventually make it a right for casual employees to request permanent employment once they’ve reached a certain length of service and satisfy other criteria. If, after offering permanent employment, the casual refuses, record this in writing, have the employee sign and store it on their file.

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