Know your rights: Part-time and casual work
Whether it’s your very first job or your first step outside of full-time work, understanding the difference between part-time and casual roles can help you choose a job that suits your needs. We’ve asked an employment lawyer to explain the distinctions.
The rights of all workers are protected in law, but the benefits and conditions of your next job will depend on how you’re employed. If you’re considering a part-time or casual role, what are you entitled to?
Here’s what you need to know about your rights for part-time or casual work.
Part-time versus casual
Joshua Kimpton, a solicitor Senior Associate at MinterEllisonRuddWatts, explains that a part-time worker is engaged as a permanent or fixed-term employee, but they don’t work full-time hours. A ‘casual employee’, on the other hand usually refers to an employee who works on a ‘casual’ basis with has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment.
“Casual employees work on an ‘as and when requested’ basis. This means that casual employees are only required to work when they accept a work assignment that is offered to them,” says Kimpton. “An employer is under no obligation to offer work to a causal employee, and a casual employee has no obligation to accept the work that is offered.”
Hours
While part-time employees work a set number of hours per week, the hours that casuals work may vary – and the number of hours is not guaranteed.
“Unlike casual employees, part-time employees have guaranteed hours or days of work, and they are expected to work those hours,” says Kimpton. “The employment relationship is ongoing until it is otherwise terminated in accordance with the terms of the relevant employment agreement.”
“The situation for casual workers is different. Each time a casual employee accepts work, they are only employed for the period of that work assignment. Each assignment is considered to be a new period of employment. When the work ends, the employment relationship ends.”
Kimpton says there are no legal requirements around shift lengths for casuals and part-timers, except when health and safety considerations come into play or when the employee works in an industry, or a safety sensitive role, with specific shift limitations.
“Employers have the same health and safety obligations in respect of casuals and part-time employees as they do in for full-time employees. Employers also owe health and safety obligations to other workers, such as contractors,” he says.
Wages
Part-time employees earn a consistent wage based on their ordinary hours of work. In most cases, they’re automatically enrolled in the voluntary, work-based savings initiative, KiwiSaver.
Casual employees are paid on an hourly basis and are not automatically enrolled in a KiwiSaver scheme, unless they’ve have been working 28 days continuously, or they let their employer know that they want to opt in.
Benefits and entitlements
One of the key differences between part-timers and casuals is leave entitlements.
Kimpton explains that part-time workers become entitled to four weeks’ annual leave after each period of 12 months’ continuous service with their employer – and a ‘week’ is based on what an ordinary working week is for them.
“However, casuals are typically paid holiday pay at a rate of 8% of their gross earnings,” says Kimpton. “This must be a separate and identifiable component of their wages. The reason for this arrangement is because casual work is so intermittent or irregular that it is usually impracticable for the employer to provide the employee with four weeks’ annual leave.”
To be eligible for sick leave, bereavement leave and family violence leave, Kimpton says workers must either complete six months’ continuous service with their employer, or work a certain pattern of hours in the preceding six months (at least an average of 10 hours a week, and at least one hour each week or at least 40 hours each month).
“Part-timer workers will typically become eligible for these types of leave after being employed for six months,” says Kimpton.
“However, as employment is not continuous for casual employees, they are unlikely to become eligible for sick, bereavement, or family violence leave. A casual employee would only be eligible for these types of leave if they work the qualifying pattern of hours.”
Dismissal
In New Zealand, an employer must be able to justify the reasons or cause of a dismissal and follow a fair process. An employer must act as a fair and reasonable employer in all the circumstances.
“Casual and part-time employees have the same rights of access to the New Zealand personal grievance and employment disputes regime as full-time employees,” says Kimpton. “If a part-time or casual employee feels they have been unjustifiably dismissed, they could raise a personal grievance with their employer.”
Kimpton adds that employers will usually try to resolve grievances informally. But if this doesn’t work, either the employee or the employer could apply for mediation through the Ministry of Business, Innovation and Employment.
“If mediation is also unsuccessful, the employee could bring a claim for unjustified dismissal before the Employment Relations Authority.”
Legal rights
All workers in New Zealand are entitled to a copy of their employment agreement in writing. It must include terms and conditions that are at least as good as the minimum rights in the law. Your employer can’t change any part of your employment agreement unless you agree to it.
Kimpton adds that if you’re a casual worker, you can’t be required to accept offers of work.
“If a casual is required to accept work, but are not provided with guaranteed hours of work, this would constitute a ‘zero-hour contract’, which is unlawful in New Zealand,” he says.
Whether you are working part time or casually, employers must provide appropriate training and information so that you can work safely. Employers also have a legal responsibility to ensure that everyone who works for them is treated fairly and with respect.
If the employee feels they have been unlawfully discriminated against, they can raise a personal grievance for this, or bring a claim before the Employment Relations Authority if informal discussions and/or mediation are unsuccessful.
Alternatively, the employee could make a complaint to the Human Rights Commission, but will need to choose whether to bring a claim before the Authority or make a complaint to the Commission — they won’t be able to do both.
Understanding your employment rights can give you an extra layer of confidence at work. Your benefits and entitlements will differ depending on how you’re employed. Before you accept your next role, consider the conditions that matter most to you.
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.
