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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42360
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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An employee on casual status, demands to be re-employed

Customer Question

An employee on casual status, demands to be re-employed after a period being on workers compensation. There is no vacancy, due to reduced work environment in which other casual staff have been made redundant (typical this time of year).
This employee has not been terminated, but is casual and dependent on the work demand and their is simply no work available at this time of year.
Where do we stand as employers?
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

A casual is not in the same position as a permanent employee. They were employed from day to day and they contract ends at the end of the day.

If there is no work then the casuals are the first not to be given hours. There is nothing that they can do to get work if you do not have it. It is not unfair dismissal.

There is no obligation on you to employ them.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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