A casual employee usually works on an irregular basis and may or may not be offered work which in turn he or she has the option to refuse. Workplace agreements and awards often contain provision for casual employees. However, many workers are called 'casual' when in fact they are part-time or full-time employees. If an employee has regular work and there is a reasonable expectation that work will continue, then they may not be true casual workers and should seek further advice about their entitlements.
As a general guide, casual employees:
- are not entitled to holiday pay, sick pay, or payment for public holidays not worked;
- should be paid an extra ‘loading’ (25% extra in compensation for not getting annual and sick leave);
- are entitled to workers compensation;
- are protected by anti-discrimination laws;
- may be entitled to long service leave if their employment has been constant;
- have the right to make an unfair dismissal claim if they have been employed on a regular and systematic basis for the minimum period and have a reasonable expectation of ongoing work; and
- should receive superannuation payments (9.5% on top of pay) if they earn $450 or more a month. However, an agreement or award may entitle casual workers to superannuation payments even if they earn below this limit.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.