​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Are you a casual employee?

A casual employee is different to a permanent employee. Permanent employees can work either full time or part time. Casual employees usually work different hours and days each week. If you are not sure whether you are a casual employee you should check your contract, letter of appointment and pay slips. If you are still not sure, get legal advice.

Not all casual employees can make an unfair dismissal application. Whether a casual employee can make an application will depend on the hours they worked and the hours they expected to work in the future.

If you were employed as a casual, but:

  • you worked on a 'regular and systematic basis', and
  • you believed that you would continue to be given casual work (and it was reasonable for you to believe this),

you may still be able to make an application.

A 'regular and systematic basis' could include:

  • a set number of shifts per week, fortnight or month
  • a set number of hours per week, fortnight or month
  • a regular pattern of days, shifts or hours.

For example:

  • a person who is asked to work whenever any other employee is off sick is not working on a regular and systematic basis
  • a person who works on the same days each week, even if it is for a different number of hours each time, may be working on a regular and systematic basis
  • a person who works the same number of hours each week but on different days may be working on a regular and systematic basis.

Alert Icon  If you want to make an unfair dismissal application to the Fair Work Commission (the Commission), you must do so within 21 days of the date you were dismissed. If you are not sure whether you are a casual that works on a regular and systematic basis, you should get legal advice.

Case study iconCase Study - Karl

Karl was hired by fast food restaurant chain Bill's Burgers to work in their East town store as a casual employee. For the last nine months he has worked 15-20 hours every week, even though the shifts have been on different days. Two days ago Karl was told that he would not be offered any more shifts. Karl was not told why he was taken off the roster.​

Although Karl was hired as a casual employee, if he was employed to do a regular amount of hours a week and was led to believe he would continue to do similar hours into the future, he may still be able to make an unfair dismissal application.

Alert Icon If you are not able to make an unfair dismissal application, you may still have rights under other laws. For example:

  • a general protections dismissal application
  • a discrimination claim (if you have been discriminated against at work)
  • a bullying claim (if you haven't been dismissed but you are experiencing workplace bullying).

You should get legal advice to help you understand your options.

For a handy guide to all the requirements you have to meet to make an unfair dismissal application, see Checklist: Making an unfair dismissal application.

For answers to commonly asked questions, see Can you apply? - Frequently Asked Questions.

Man and woman talking in a cafe