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Most employers and managers know that full-time and part-time employees can make an unfair dismissal claim if they think their termination was harsh, unjust, or unreasonable.
But what about casual employees – do they have the same rights?
The short answer is yes, in some circumstances, they may.
A casual employee may be eligible if they meet certain criteria.
- Have been employed on a regular and systematic basis,
- Have a reasonable expectation of ongoing employment,
- Meet the minimum employment period (usually 6 or 12 months depending on the size of the business).
What Counts as Regular and Systematic Work?
The Fair Work Act 2009 does not provide a strict definition of what “regular and systematic” casual employment means. Instead, it is assessed based on the individual circumstances of each case.
This doesn’t mean they need set hours every week. Even if their shifts vary, they may still qualify if they’re working consistently and frequently over time.
On the other hand, if their work is very irregular with long gaps between shifts or only occasional hours, they’re less likely to meet the criteria.
Ultimately, each situation is assessed on a case-by-case basis, so there’s no strict definition, it comes down to the overall pattern of work over a period of time.
Don’t Overlook This
This is an area where employers and managers are often caught out, particularly in industries that rely heavily on casual labour.
So before terminating a casual employee, it’s worth reviewing their work pattern. If they’ve been working regularly and consistently, they may be eligible to lodge an unfair dismissal claim — even if by their contract, they are “casual.”
