How do I manage a casual employee?
Employers have to be very careful when employing someone on a casual basis. First, the employer has to ensure that the casual nature of the employment is recorded in writing in the employment agreement. Second, the employer has to continually, during the employment, monitor the times and hours the employee is working.
A truly casual worker is one who is employed on an intermittent and irregular basis. In other words, apart from, say, rosters being issued for the coming week or month or so, the worker generally doesn't know what his or her hours will be outside that current roster. The Courts have held, time and time again, that workers who started out on truly casual contracts have become permanent part-time or permanent full-time workers because their hours have changed from intermittent and irregular to consistent and regular.
Factors that indicate a worker is, or has become, a permanent employee:
- The more hours worked per week, the more likely the employment is permanent
- Work being allocated on a roster basis
- A regular pattern of work
- A mutual expectation the employment will continue
- Whether the employer requires the worker to give notice if they are going to be absent
- Consistent start and finish times
If you need help with casual, part time or full time employment agreements or arrangements, call Workplace Law on (027) 270 1057.