If you’re considering a new job, you might be more interested in what the role itself involves than what kind of employee you’ll be hired as. But the benefits, entitlements and conditions of a job can differ depending on whether you’re a casual worker or a part-time or full-time employee. We’ve asked an expert employment lawyer to spell out the different rights each role has, and what you need to consider when deciding on a job.
Andrew Jewell, Principal Lawyer at McDonald Murholme says full-time and part-time employees essentially have the same rights. “The only difference between them is that part-time employees are engaged to work fewer hours than full-time employees,” he says.
For casuals, however, it’s different. “Traditionally, casuals are viewed by the law as only being employed on a one-off basis for the duration of their shifts,” Jewell says. “Each shift is seen as a new and separate period of employment that ends at the end of the shift.” This means conventionally speaking, when casual employees are in between shifts they’re not technically employees. But this view is starting to change and there are certain statutory exceptions for long-term casual employees.
Under discrimination law, all employees are protected from dismissal or being treated less favourably on the basis of characteristics such as gender, age, ethnicity or race.
It’s important to note, however, that the rights that employees have around making unfair dismissal claims (being a harsh, unjust or unreasonable dismissal) differ depending on the employee’s status.
All employees, regardless of their employment status, have an entitlement to superannuation payable by their employer.
Full-time and part-time employees have less flexibility than casuals. “(They) must seek approval from their employer before requesting leave, and normally are required to work set hours,” Jewell says. “Conversely, casuals can decline rostered shifts if they provide reasonable notice and take extended periods of leave.”
Jewell warns employees need to be aware this flexibility is a two-way street. “Just as casual employees can decline work and take extended breaks, so too can your employer stop providing you with work for extended periods,” he says. “Greater flexibility comes with a cost—lessened job security.”
Jewell says when choosing if you want to be employed on a full-time, part-time or casual basis, your main concern should be the level of job security you want. “A person who cannot afford to miss a week’s worth of pay (due to bills or other financial obligations) will prefer the greater security and paid leave that comes with full-time and part-time work,” he says.
It’s also worth noting your employment status could impact your ability to get a home loan or credit card. “Normally finance providers will want proof that you have consistent ongoing employment before providing you with a loan,” Jewell says. “Given that casual employment is by definition not consistent and can be terminated at any time, this will make it difficult for you to obtain a loan as your income stream will be deemed to be too risky by the finance provider.”
Before you accept full time, part-time or casual work, it’s important to know what’s involved in terms of your rights, benefits and the flexibility you have. If you’re unsure about or need help with any of these issues, it’s best to contact a specialist employment lawyer.
Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. SEEK provides no warranty as to its accuracy, reliability or completeness. Before taking any course of action related to this article you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.