Most employers know that there is a minimum notice period that must be given when terminating a full-time or part-time employee. But what about a casual employee?
While a ‘regular casual’ is usually able to access certain employment entitlements under the Fair Work Act 2009, this doesn’t extend to an entitlement to minimum periods of notice where the termination is initiated by the employer. Casual employees are specifically excluded from these minimum notice periods under the Act.
However, it should be noted that awards generally provide that casuals are required to be paid for a minimum number of hours on each day of work. For example, the Clerks – Private Sector Award provides that a casual employee is entitled to a minimum payment of three hours’ work at the appropriate rate. This means that a casual employee who is dismissed after one hour of work is entitled to three hours’ pay at the casual hourly rate.
The bottom line is there is no entitlement to provide a casual employee with a minimum period of notice of termination, but the employee may be entitled to a minimum payment for the day (subject to the terms of the relevant award).
