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Rights and entitlements of casual employees

Casual employees face unique employment conditions that significantly differ from permanent staff, especially regarding guaranteed hours, termination notice, and entitlement scope. This guidance note provides expert analysis on the complex legal framework governing casual employment under the Fair Work Act 2009 (Cth) and related instruments, essential for practitioners advising employers or employees in this sector. Key topics covered include:

Topics Covered

  • Payment of wages
  • National Employment Standards
  • Termination of employment
  • Unfair dismissal
  • Redundancy pay

Essential Insights

  • Assess how casual loading compensates for absence of leave and other permanent employment benefits.
  • Recognise the significance of “regular and systematic” employment for casuals’ legal rights and protections.
  • Consider critical distinctions in penalty rate calculations across modern awards and agreements.
  • Evaluate termination risks where failing to offer shifts may imply dismissal under certain circumstances.
  • Identify which casual employees qualify for unfair dismissal claims and the legal thresholds involved.
  • Understand statutory exclusions from redundancy pay and implications for converted casuals.

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