Casual Employment

Genuine casual employment is characterised by irregular, intermittent work with no ongoing expectation of continued employment. True casual employees work 'as and when required' with no set hours, patterns, or guarantee of future work. They're typically called in to cover specific needs like staff shortages, seasonal peaks, or one-off projects.

However, many employment relationships labelled as 'casual' don't meet these criteria. If you work regular hours, have set days or shifts, receive rosters in advance, or there's a mutual expectation that work will continue, you're likely a permanent employee regardless of what your contract says.

The Employment Relations Act focuses on the substance of the employment relationship, not just contractual labels. This means courts and the Employment Relations Authority will look at how you actually work, not just how your employer describes the arrangement.

Common signs that you're not truly casual include being expected to give notice for time off, having regular income you can rely on, being integrated into the workplace culture, or your employer scheduling you for ongoing shifts weeks or months in advance.

Even genuine casual employees have important rights under New Zealand employment law. These include the right to be paid at least the minimum wage, receive proper breaks, work in a safe environment, and be treated fairly without discrimination. Casual workers are also entitled to public holiday pay when they work on public holidays.

However, casual employees don't automatically receive annual leave or sick leave entitlements that permanent employees get. This is one of the key differences - but only if the casual classification is genuine.

If you're incorrectly classified as casual when you should be permanent, you're entitled to all the rights of permanent employment. This includes four weeks' annual leave per year, five days' sick leave, bereavement leave, and protection against unfair dismissal.

You also have the right to request information about your employment status and to challenge incorrect classification. Employers must act in good faith and cannot use casual labels to avoid their legal obligations to workers who are actually permanent employees.

The transformation from casual to permanent employment often happens gradually, making it difficult to pinpoint exactly when the change occurs. Key factors that indicate permanent employment include regularity of work, mutual expectations of ongoing employment, and integration into the workplace.

If you've been working regular hours for several months, receiving rosters in advance, or your employer treats you like other permanent staff, your employment has likely become permanent regardless of your contract. The law recognises that employment relationships can evolve over time.

Courts consider factors like whether you can refuse work without consequences, whether your employer can choose not to offer work without reason, and whether there's a pattern of ongoing employment. If refusing shifts would damage your relationship with your employer, or if you rely on regular income from the work, these suggest permanent employment.

The transition can also be evidenced by your employer's behaviour - if they provide training, include you in staff meetings, give you responsibilities beyond immediate tasks, or expect you to follow company policies like permanent staff, this supports permanent status.

Once employment becomes permanent, you're entitled to all permanent employee rights from that point forward, and potentially back-payment of entitlements you should have received.

If you believe you've been incorrectly classified as casual, the first step is documenting your actual working arrangements. Keep records of your hours, rosters, communications with your employer, and any evidence showing regular patterns or ongoing expectations of work.

You can start by raising the issue directly with your employer. Sometimes misclassification is unintentional, and employers may be willing to correct the situation once it's brought to their attention. Approach this professionally, presenting evidence of why you believe your status should be permanent.

If your employer refuses to address the misclassification, you may need to file a personal grievance for unjustified disadvantage. This legal process allows the Employment Relations Authority to determine your true employment status and order appropriate remedies.

The process typically involves mediation first, where both parties try to reach agreement with help from a neutral mediator. If mediation doesn't resolve the issue, the matter can proceed to a formal hearing where evidence is presented and a determination made.

Time limits apply to personal grievances, so it's important to act promptly if you believe you've been disadvantaged by incorrect classification.

Strong documentation is crucial for successfully challenging casual employment misclassification. Start by keeping detailed records of your work patterns, including dates, hours worked, and the nature of tasks performed. Screenshots of rosters, timesheets, and payslips provide concrete evidence of regularity.

Save all communications with your employer, including emails, text messages, and written instructions. Messages showing expectations of ongoing work, requests to cover shifts, or discussions about future schedules can demonstrate the permanent nature of your employment.

Document how you're treated compared to permanent employees. Do you attend staff meetings, receive training, have access to company systems, or follow the same policies? Evidence of equal treatment supports claims for equal status.

Keep records of any occasions when you were expected to give notice for time off, penalised for unavailability, or treated as if you had ongoing obligations to the employer. These show the employment relationship goes beyond genuine casual work.

Witness statements from colleagues can also be valuable, particularly if they can confirm your regular work patterns or how you're treated within the workplace. The more comprehensive your evidence, the stronger your case for reclassification.

If you're found to have been incorrectly classified as casual, various remedies may be available depending on your specific situation. The most common remedy is back-payment of entitlements you should have received as a permanent employee, including annual leave and sick leave.

Compensation calculations typically look at how long you were misclassified and what benefits you missed. For annual leave, this means calculating four weeks' leave per year of employment, plus the 8% loading that should have been paid. Sick leave entitlements of five days per year may also be owing.

You may also be entitled to compensation for lost wages if the misclassification led to periods of unpaid leave that should have been paid, or if you were dismissed without proper process that permanent employees would receive.

In some cases, compensation for hurt and humiliation may be awarded if the misclassification caused significant distress or affected your wellbeing. The amount varies based on the impact on you personally and the employer's conduct.

The Employment Relations Authority can also order your employer to recognise you as a permanent employee going forward, ensuring you receive proper entitlements in future. This provides ongoing protection and prevents continued disadvantage.

Once you've resolved a misclassification issue, it's important to ensure your employment status remains clear and properly documented. Request an updated employment agreement that accurately reflects your permanent status and entitlements.

Understand your ongoing rights as a permanent employee, including leave entitlements, notice periods, and protection against unfair treatment. Familiarise yourself with your employer's policies and procedures that apply to permanent staff.

Keep monitoring your pay and entitlements to ensure you're receiving everything you're entitled to as a permanent employee. This includes annual leave accrual, sick leave allocation, and proper calculation of public holiday pay.

If you encounter similar issues in future employment, address them early rather than letting patterns develop. The sooner you raise concerns about employment status, the easier it is to resolve them and the less likely you are to miss out on significant entitlements.

Consider seeking advice if you're offered casual employment in future to ensure the arrangement is genuinely casual and appropriate for the type of work involved. Understanding your rights helps prevent exploitation and ensures fair treatment from the start.

Seek legal advice as soon as you suspect you may be incorrectly classified as casual, particularly if you've been working regular hours or patterns for several months. Early intervention can prevent the situation from continuing and help you understand your options.

Legal help is especially important if your employer refuses to discuss your employment status or dismisses your concerns about misclassification. Employment lawyers can assess your situation objectively and advise whether you have grounds for a personal grievance.

If you're facing dismissal or reduction in hours after raising concerns about your employment status, this could constitute unlawful retaliation. Immediate legal advice is crucial to protect your rights and document any retaliatory behaviour.

Complex situations involving multiple casual workers, industry-wide practices, or employers with a pattern of misclassification often require legal expertise to navigate effectively. Lawyers can also help calculate the full extent of entitlements you may be owed.

Don't wait until time limits expire - personal grievances must generally be raised within 90 days of the disadvantage occurring. Getting legal advice early ensures you don't miss important deadlines and can take appropriate action to protect your interests.