All workers, no matter where they work, whether they’re full-time part-time or casual, need to know and understand what their employment situation means. Whether your experience at work is fulfilling or full of problems; whether you are a part-time employee or you’ are looking for a new casual job, or doing community service, understanding your job capacity is crucial in protecting your entitlements at work. Depending on your type of employment, your entitlements will be different, so you need to be fully aware of exactly what it means to have casual or part-time employment.
For over 38 years, the PK Simpson law firm has been helping casual and part-time employees get the compensation to which they are entitled –
PK Simpson lawyers have the knowledge and expertise to make sure you are successful, whatever your situation may be
Part-time Workers
Permanent part-time employees are those who work ongoing and regular hours, but not as many hours as a full-time worker does. The terms and conditions that are attached to part-time work are always specified by industrial instruments and include pro rata entitlements, the spread of part-time hours, and the entitlements surrounding overtime.
For over 38 years, the PK Simpson law firm has been helping employees obtain their rights and the compensation or work conditions to which they are entitled –
PK Simpson lawyers have the skills and experience to make sure you are successful no matter what your claim may be
The Criteria For a Part-time Employee
You are deemed to be a part-time worker if you are employed under these conditions:
- You work fewer than 38 hours each week, and
- You’re a permanent employee (or you have a fixed-term contract)
- You have a regular structure of hours
Entitlements such as sick leave, annual leave and carers leave are granted to part-time employees on a pro-rata basis according to the hours they worked. Also, ongoing employment (or a fixed-term contract) must be guaranteed to part-timers, and to end their employment, they must give notice or be given it in writing.
At PK Simpson, we are a personal injury law firm that charges on a No Win – No Fee basis – but unlike some of our competitors, we don’t pick and choose the cases we’re likely to win –
We represent anyone who has a viable case, regardless of how large or small the claim, arising from injury, loss or illness suffered as a result of negligence
Casual workers
In Australia, there’s no real definition of ‘casual’ in the legislation on employment. In general, it’s accepted to mean a person who works when their employer wants them to work. So, these workers don’t have job security or guaranteed ongoing work or regular hours. They are offered work on an ‘as needed’ basis.
The Criteria For a Casual Worker
Casual workers are entitled to higher rates of pay than permanent or part-time employees get, and this compensates them for job insecurity and loss of other benefits. ‘Casual loading’, is the term used to refer to this arrangement which essentially compensates workers who don’t receive benefits. The loading is normally between 15 per cent and 33 per cent top of the usual hourly rate.
You are deemed to be a casual worker if you are employed under these conditions:
- You are not assured of weekly hours
- You normally work irregular hours, and
- You are not entitled to annual leave or sick pay
As casuals, these workers are not usually entitled to a minimum notice period before termination, so if you’re in this category, you cannot be sacked and you cannot quit without giving notice.
Other Important Aspects
It’s important that casual employees know they can switch to full or part-time employment whenever their employer offers it and that the casual employee agrees to it. There are some Modern Awards that have casual conversion clauses which mean casual employees can ask to be converted to permanent. This can be after the casual worker has been employed for 12 months at a regular and systematic rate, and if there’s a reasonable expectation that this casual work will continue.
As a long-term casual employee, you can also:
- Apply for more flexible arrangements around your work
- And you can ask for parental leave.
Permanent Part-time Benefits
The benefits of permanent part-time employment includes guaranteed ongoing and regular work hours. However, if you’re a permanent part-time worker you will work fewer hours each week than full-time staff. Also, you will generally be classed as a permanent part-time employee if you work fewer than 38 hours a week.
Another specification is that your work hour pattern is regular and you are on a fixed term contract as a permanent employee. After seven years of ongoing employment with an employer you could be granted long service leave, depending on which state you live in.
Permanent Part-time Entitlements
Other benefits of permanent part-time employment are that you are granted entitlements including sick and carer’s leave, and annual leave on a pro-rata basis.
Permanent part-time employees are also guaranteed to have either ongoing work or a contract over a fixed term and you must be given or receive notice to end your employment. You are entitled to parental leave if you have been working for the employer for 12 months.
According to the Fair Work Ombudsman, in August 2020, the Australian High Court handed down a judgment that changed the way taking paid personal or carer’s leave under the National Employment Standards is accrued.
The Court decided that rather than calculating a worker’s 10 days of personal or carer’s leave entitlements on the number of days worked, it is now calculated on hours worked. Ten days of personal leave is now calculated as 1/26th of a worker’s ordinary hours of work in one year.
If you or someone you know has been denied any of the entitlements mentioned above or if you have suffered injury or illness at work and wish to assert your rights to comp, contact PK Simpson on 1300 757 467 or book an appointment to come and see us to have a chat.
