Question: What kind of rights do I have in my casual job over Christmas?
Answer by Bianca O’Neill, Maurice Blackburn Lawyers Toowoomba
Christmas is a time that many businesses put on extra casual staff and you may think that as a casual employee you have few rights when it comes to your employment conditions but that is not true. Whilst it might be different to part-time or full-time employees you certainly do have rights and it pays to be aware of them.
For starters, as a casual worker you are entitled to a higher hourly rate of pay. This is because you don’t get the benefit of paid sick or annual leave. Whilst any leave taken is unpaid, you still have a right to take 2 days unpaid carer’s leave or compassionate leave (per occasion).
Even though you are employed in a casual capacity under certain awards or enterprise agreements in many industries, your employer must give you, and pay you for, a minimum of at least 3 hours work. Depending on the actual hours that you work you may be entitled to a rest break (a paid 10 minute break) or a meal break (a 30-60 minute unpaid break). For example, if you work between 4-5 hours in a shift then you are entitled to one rest break. In some jobs if you work for more than 5 hours you are entitled to at least 1 rest break and 1 meal break.
Another plus is that in many workplaces, your boss must give you a minimum break of 12 hours between finishing work one day and starting work the next. If you aren’t given the minimum 12 hour break between shifts then you receive additional pay benefits.
If you are still working in the same place next Christmas and still getting regular hours, you can request flexible working arrangements and even take parental leave.
For more information check out the Fair Work Ombudsman website here and here.
- Bianca is a member of the My BT Toowoomba Advice Army, on hand to give you expertise in specialised fields from a local perspective. Do you have a question for Bianca? Email toowoomba@brisbanetimes.com.au and we’ll pass it on.
