In Australia, casual employees have the right to refuse shifts without facing any consequences from their employers. This right is outlined in the Fair Work Act 2009 and is an important protection for casual workers who have other commitments or may not be able to work at certain times. Continue reading this Legal Kitz blog to learn more.
Why are your entitlements as a casual employee?
As a casual employee, you are not guaranteed a certain number of hours or shifts each week. Instead, your employer can offer you shifts on an as-needed basis. While this can provide flexibility, it can also be challenging if you have other commitments or if your employer is not considerate of your availability.
The right to refuse
Fortunately, casual employees have the right to refuse shifts if they are not able or willing to work. This can include situations where you have other commitments, are sick, or simply do not want to work at that particular time. Communication within casual contracts is vital, however, and it is important to understand that you should communicate your refusal to work a shift to your employer as soon as possible and, if possible, provide a valid reason for why you cannot work the shift.
Some employment contracts may specify a minimum notice period for refusing a shift, such as 24 or 48 hours. While there is no legal requirement for casual employees to provide a specific amount of notice, it is generally considered good practice to give your employer as much notice as possible. This can help them to find a replacement for the shift and minimise any disruption to their operations.
There are some situations where casual employees may not be able to refuse a shift. Some casual contracts, for example, will contain clauses dictating the minimum number of hours that you are to be expected to work, so if you have not met this quota you may need to work a shift that you would otherwise refuse. Otherwise, cases in which you may not want to work but your help would be necessary for the business may be cases in which you may need to work in order to maintain a good relationship with your employer. As explained, your employer cannot by law reduce your shifts for this but it is important to understand the importance of good relationships for casual contracts.
If you do refuse a shift, your employer cannot penalise you for doing so. This means that they cannot reduce your hours or pay, or take any other adverse action against you. However, it is important to note that refusing shifts too frequently or without a valid reason may impact your relationship with your employer and could potentially lead to a reduction in future offers of work.
What about termination?
In Australia, casual employees are not entitled to notice of termination unless it is specified in their employment contract. Casual employees are still entitled to certain protections under the Fair Work Act 2009 (e.g. if they have been employed for a certain length of time or meet the other eligibility criteria set out), however these are far lesser than what would be available for part-time or full-time employees.
Under the Fair Work Act 2009, a casual employee may be considered to have been unfairly dismissed if the dismissal was harsh, unjust, or unreasonable, and if it was not a case of genuine redundancy. To be eligible for unfair dismissal protection, a casual employee must have been employed for at least six months (or 12 months if the employer is a small business) and must earn less than the high-income threshold (which is currently $153,600 per year).
If a casual employee believes they have been unfairly dismissed, they can make an application to the Fair Work Commission within 21 days of their dismissal. The Fair Work Commission will then consider the circumstances of the dismissal and may order the employer to reinstate the employee or provide compensation.
It is important for casual employees to understand their rights and protections under the Fair Work Act 2009, especially if they have been employed for a significant amount of time. While casual employees may not be entitled to notice of termination, they may still have recourse if they believe they have been unfairly dismissed. By being aware of their rights and taking action if necessary, casual employees can ensure that they are treated fairly and given the appropriate protections under Australian employment law.
Overall, the right to refuse shifts is an important protection for casual employees in Australia. If you are a casual worker, it is important to understand your rights and to communicate effectively with your employer about your availability and any constraints you may have. Doing this allows you to better balance your work commitments with your other obligations and responsibilities. Additionally, it is important to understand your, and your employer’s, rights to termination and how this could impact you in the future. While the ability to work with flexibility and with the ability to refuse shifts in situations where you may be unable to work, it is important to understand that your refusal, if too frequent, may detrimentally impact your relationship with your employer.
Legal advice
If you need further assistance or advice regarding your casual employee rights, or matters alike, we here at Legal Kitz would love to help you. We offer free resources and the option to request a free 30-minute consultation for all of your employment queries. Additionally, our sister company Business Kitz offers a subscription-based plan with over 150+ legally compliant documents, for any employers wondering what their causal employee’s rights are.