Calling An Employee “Casual” Doesn’t Mean They Are

Calling an employee “a casual” in their employment contract doesn’t mean they are. In fact a recent landmark Federal Court case examined when an employee is deemed to be casual under the National Employment Standard (NES).

The ruling has the potential to impact casual employment contracts across all industries.

In essence, to be deemed a casual employee, there must be:

1. Irregular work patterns

2. Uncertainty and an inability to predict periods of work

3. Short, intermittent work periods

4. Periods of discontinuity of work

5. No expectation the employee will be available to perform the work

Even if your casual employees are paid by the hour (as in the Federal Court landmark case), if there is any reasonable expectation the work will be ongoing, the employee will not be considered “casual”.

Do You Have Casual Employees?

It’s important to ensure you have compliant employment contracts for all employees. But this recent landmark decision has placed the spotlight on casual employment contracts.

Don’t risk a Fair Work investigation. Contact the experts at End2End Business Solutions – your outsourced HR Department. We’ll review your employees’ contracts to make sure you stay out of trouble. Call us on 02 8977 4002.