The short answer is sometimes, yes. As a casual employee, you don’t automatically have the same protection as permanent workers, but there are important exceptions that might surprise you.
When Casual Workers Can Claim Unfair Dismissal
You can potentially claim unfair dismissal as a casual employee if you meet all three key criteria:
- You worked on a “regular and systematic basis”
This doesn’t mean you had to work the same hours every week. It means there was some sort of pattern or system to your work. For example, if you worked three shifts a week for months, or always worked weekends, or had a regular roster – that could count as regular and systematic.
- You had a reasonable expectation of ongoing employment
This is about whether you genuinely believed the work would continue. If your employer kept rostering you week after week, or if you were involved in planning rosters, you might have developed this expectation.
- You worked for the minimum period
You need to have worked for at least six months (or 12 months if it’s a small business with fewer than 15 employees).
What “Regular and Systematic” Actually Means
Here’s where it gets interesting. The courts don’t expect your shifts to be identical every week. Regular and systematic can include [1]:
- Working the same days each week, even if the hours vary
- Working the same number of hours weekly but on different days
- Having a set roster that you followed consistently
One case that made headlines involved a casual employee who worked substantial hours every week except when taking pre-arranged leave. Even though her hours varied, she was considered regular and systematic because she followed an established roster system.
The Reality of Casual Employment
Many casual jobs today aren’t truly “casual” in the traditional sense. I’ve seen countless situations where people are labelled as casuals but work predictable schedules for months or years. Employment law recognises this reality.
If you’re working the same shifts week after week, getting your roster two weeks in advance, and planning your life around this “casual” job, you might actually have protection under unfair dismissal laws [2].
Recent Changes to Casual Employment Laws
Since August 2024, there’s been a significant shift in how casual employment is defined. The new rules focus on the “real substance, practical reality and true nature” of your employment relationship, not just what your contract says. This means employers can’t simply call you casual to avoid responsibilities if you’re actually working like a permanent employee.
Your Rights as a Casual Worker
Even if you don’t qualify for unfair dismissal protection, you still have rights. You can lodge a general protections claim if you believe your employer took adverse action against you for exercising workplace rights. This covers situations like being dismissed for asking about your entitlements or joining a union.
Notice and Termination
Here’s what many casual workers don’t realise: your employer doesn’t need to give you notice to terminate your employment. In theory, casual employment ends after each shift. However, if you’re working regularly and systematically, not offering you further shifts could constitute dismissal.
What to Do If You Think You’ve Been Unfairly Dismissed
If you believe you’ve been unfairly dismissed as a casual employee, you need to act quickly. You have just 21 days from when you were dismissed to lodge an application with the Fair Work Commission. Thankfully, you don’t need to go through this journey alone, the unfair dismissal lawyers at Fair Workplace Solutions are here to help you, give a call today to discuss your situation.
Before you apply, gather evidence of your work patterns:
- Pay slips and timesheets
- Roster schedules
- Text messages or emails about shifts
- Any communication about your ongoing employment
Being labelled as “casual” doesn’t automatically mean you have no rights. If you’ve been working regular, predictable hours and had a reasonable expectation that this would continue, you might have stronger protections than you think.
The key is understanding that the law looks at the reality of your working relationship, not just the label on your contract. If you’re unsure about your situation, it’s worth speaking to us here at Fair Workplace Solutions.
Remember, employers can’t just call you casual to avoid their responsibilities. If you’ve been working like a permanent employee, you may have the rights of one too.
Sources:
