Are you employed on a casual contract? do you know all the rules, regulations and entitlements?
One of our recent forum questions was on casual staff and whether they are eligible for overtime if working more than 40 hours in a week…can you help?
Amanda63 thought casual staff could not be paid overtime due to the fact that they ARE casual.
“In the public award, as far as I’m aware, casual staff do not attract overtime due to the fact that they are casual. This has been a point of debate for some time with the casual staff, particularly if you are doing more than 8 hours straight on the same day.”
Amanda63 also says:
“Many may not be aware but in the public hospital system the award states that on Sundays an employee doing overtime will be paid double time from the commencement of the shift (not time and a half for the first two hours), and double time and a half for public holidays.
“Sunday and public holiday overtime attract different codes to overtime at any other time when entered in to the computer.”
What do you think? Do you have any advice for casual staff?
Can you help with this question? Do you have any feedback?
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I think issue has been covered in The Lamp a few times over the years….
The answer is definately NO !!
In any Award or modern workplace Agreement, a ‘ casual ‘ is engaged on an ‘ hour by hour ‘ basis. This means, each shift is worked as a separate ‘ contract ‘ of employment.
I once worked for the same hospital as a casual for five and a half years. When I applied for full time, I had no rights at all, over an external applicant. ( this was well before the current workplace rights )
I’ve worked up to 75 hours a week as a casual. Double shifts & double doubles !!
Still only counts as ordinary hours, with the appropriate penalty rates.
Some of the lesser known rules with casuals:
You are engaged hour by hour, with a minimum start of two hours. After the first two hours, you can be stood down & sent home.
You can be paid the two hours, and not required to do any work. This is often for Agency Nurses who are double booked.
You can be used in any ( acceptable ) way the employer sees fit for the two hours. Eg. ‘ help out in x number of wards, then go home ‘.
I was even asked to sit in the ADON’s Night Office, and answer the phone for two hours, then go home – due to no shift being available. The idea was, keep you on site, in case a late sick leave call comes in. If no call after two hours, then you go home !!
Remember, as a ‘ casual ‘ YOU have no rights, and the employer has every right to do with you as they please ( within certain guidelines, of course ).