Deborah Peppard - HR Director
The past couple of years have been tumultuous when it comes to casual employment – the definition of casual has been the subject of a legal case and a subsequent appeal followed by new legislation that came into effect in March 2021. September brings with it a key deadline regarding casual conversion so let’s take a look at what you need to know and what you need to do…
CASUAL EMPLOYMENT INFORMATION STATEMENT
The definition of a casual employee has been tightened up and you can read more about it here. Key to this is the following:
If you have casual employees, you need to understand the rules around casual conversion. In short, they are:
Employers with more than 15 staff:
The obligation is on the EMPLOYER to review their situation and MAKE the offer if…
Employers must make a casual conversion offer in writing before 27 September 2021 or within 21 days after 12 months of employment has occurred, whichever is later. Once the offer has been made, the employee has 21 days to respond.
We suggest that where the employer is not able to make an offer to convert a casual employee based on genuine business reasons, that rather than do nothing, it is best to get out on the front foot and update employees on the situation.
We recommend you provide a letter to the eligible employees advising them that the business has undertaken a review to determine if casual conversion is possible, but at this time, the business cannot support a conversion to permanent employment for the following reasons, and list them.
Communication is always key in ensuring employees understand that you have met your obligations and conducted a review and the reasons why they cannot be offered permanent employment at this time.
Employers with less than 15 staff:
Small business employers are not obligated to offer casual conversion to their casual employees HOWEVER the employees have the right to request this if:
There are reasonable grounds to refuse casual conversion – such as the business work is seasonal, the employees role will not exist in 12 months time, the employees work will reduce significantly in the next 12 months, there will be a change in the days and times that the employee is required to work and so on…..
The countdown is on for those that need to consider the 27 September deadline. If you need support managing the communication process or conversion of casual employees to permanent roles, contact the team at HR Staff n’ Stuff now.
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