Casual work makes up a large proportion of the workforce and provides flexibility for both employers and employees. However, because casuals do not have the same ‘guaranteed hours’ as permanent staff, there are specific legal rights to protect them. This blog shares why you should understand casual employment rights and how this can result in them being treated fairly effectively and successfully.
The Right to Casual Loading
If you don’t have paid sick leave, annual leave or job security, then you’re entitled by law to a higher rate than a permanent employee doing the same job. This additional percentage is casual loading. If your employer is paying you at the same rate as a permanent member of staff, they are breaking the law. Check your award carefully to make sure your hourly rate has the right loading percentage added to it.
What It Means To Be Casual
Once you have a fixed roster and are expected to be available to work regularly, you could indeed be a permanent employee in disguise. Recent changes to the law have made it easier for workers in this situation to apply for a conversion to status. If you think you are doing a permanent job but you are being denied the casual employment rights, talk to your union to see if you have a case to change this.
Protection from Unfair Treatment
Even if you’re a casual worker, you have protections against workplace discrimination, bullying and harassment. If you are being treated unfairly, you can make a complaint, and your employer cannot dismiss you for speaking out. Be aware of your rights in this area; your status as a casual employee does not entitle you to any less protection under the law than any other employee if you are being harassed.
Right to Fair Notice and Termination
Casual workers, in general, do not have the same notice period as permanent staff, but there are legal requirements that employers must follow when ending their employment. If you are a long-term casual worker, you may have specific rights about how and why your employment can be ended. But if you think you lost your job, like complaining about health and safety, get advice straight away.
Unpaid Leave Eligibility
Casual workers do not get paid sick leave and annual leave, but you are entitled to unpaid leave in an emergency. Many casual workers are not aware of this and feel they have no choice but to choose between their job and their family. Don’t be afraid to ask for the time you need; your employer has to acknowledge your right to take this leave to care for those you love, even if the leave is unpaid.
Your Union Is Your Voice
Casual work can be isolating, especially if you’re hopping from job to job at different hours. That’s why casual workers should join a union; it’s one of the best things you can do. A union can help you with disputes, make sure you are paid, and provide the legal support you need if your rights are being ignored. You are a vital part of the workforce, and you deserve a safe and fair working environment.
Stay Informed, Stay Empowered
Casual employment laws change all the time, and you owe it to yourself to keep up to date. Keep an eye on your hours, make sure your payslips are correct, and regularly check the Fair Work Ombudsman website. Knowledge is power. When you know your rights, you can stand up for yourself with confidence and make sure you are getting the full value of your hard work; just be sure you’re getting it.
