Casual Workers

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A casual worker is one who is under no contractual obligation to commit to shifts, but instead has the option of accepting hours that are offered. Casual workers often include students and workers with dependents or other external commitments.

The employment rights allocated to the casual worker are dependent on the arrangement with the company. If the worker is classed as an 'employee' then they should be entitled to the same rights as a full-time member of staff on a pro rata basis for leave requirements.

If the casual worker is not an 'employee', they will still be entitled to some of the employment law rights regarding dismissal (fair and unfair).

While each decision is made on a case by case basis, and can be dependent on a variety of things, it has been noted in the past that a casual worker working on an 'on/off' basis can add their working periods together to amount to a continual employment period, thereby qualifying them for certain employment law rights.

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