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There can be a thin line between permanent and casual employment.deadmau5 vs Lane 8 - Not Exactly x Diamonds (feat. Solomon Grey)
The distinction between permanent and casual employment is critical to the application of the Employment Relations Act If an individual is considered to be a casual employee, the personal grievance procedures available under the Employment Relations Act especially for unjustifiable dismissal are unlikely to apply to the same extent as for permanent employees, simply because casual employment is inherently unreliable and not guaranteed. If the employer considers that the performance of a casual employee is not of the standard required, they are best advised to address the performance issues and follow a fair disciplinary process, which may include termination, rather than keep the employment agreement open and simply not call on the worker when there is work available.
The differences between casual and permanent employment are sometimes difficult to determine, and a substantial volume of case law has built up on the issue. In summary, the following principles apply:. In the absence of a written employment agreement, and even where an employee is referred to as a casual employee, that person may be considered a permanent employee if they are found to regularly work for the employer.
However, where any such employee has ed an employment agreement which deates employment as casual then it will be more difficult, but not impossible, to argue that such employment is in fact permanent. Where the employment relationship is ongoing, a wide range of statutory rights and duties, together with some derived from the common law, apply continuously until the relationship is terminated. Those rights include access to the personal grievance process. The distinction between casual employment and ongoing employment lies in the extent to which the parties have mutual employment related obligations between periods of work.
If those obligations only exist during periods of work, the employment will be regarded as casual. If there are mutual obligations which continue between periods of work, there will be an ongoing employment relationship. The Court also said that the strongest indicator of ongoing employment is where the employer is obliged to offer the employee further work if it becomes available, and the employee is obliged to carry out that work.
However, an employment agreement for a casual employee with no fixed hours would have to be worded so that it is clear what the employment relationship will involve. For example, the employment agreement could:. This article is intended as a general overview only. If you have any questions or need more information, please seek the help of a legal practitioner.
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Sometimes people become confused as to exactly which category of employment they fall in to. Most employees are considered permanent employees and may work full-time or part-time. Distinction between permanent and casual The distinction between permanent and casual employment is critical to the application of the Employment Relations Act Indicators of status The differences between casual and permanent employment are sometimes difficult to determine, and a substantial volume of case law has built up on the issue.
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