Casual workers: when casual employment becomes permanent

A casual employee is engaged for a period of not longer than 24 hours at a time and paid at the end of each day. Many employers keep workers on “casual” terms for months or years. The law does not allow that.

Conversion under section 37

Where a casual employee works for a period, or a number of continuous working days, that add up to one month or more, their contract converts to one where wages are paid monthly, and the protections of the Act — notice, leave and protection from unfair termination — apply.

Practical consequences

• Converted employees are entitled to notice and to a fair process before termination.
• They may claim accrued leave and other dues.
• Courts look at the reality of the relationship, not the label.

What employers should do

• Use casual engagement only for genuinely short, irregular work.
• Put regular workers on written term or permanent contracts.
• Keep accurate attendance records.

For workers

If you have worked continuously on casual terms, you may have term-employee rights. Keep records of your days worked and payments.

This article is general information, not legal advice on your situation.

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