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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
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 may still be able to make an application.
A 'regular and systematic basis' could include:
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
Case 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.
If you are not able to make an unfair dismissal application, you may still have rights under other laws.
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.