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Casual Employee Termination

Notice of Termination

While a casual employee who is engaged on a regular and systematic basis may be able to access certain employment entitlements under the Fair Work Act 2009 (such as unfair dismissal protections and parental leave), this does not extend to an entitlement to minimum periods of notice when terminated by the employer.

However while there is no requirement to provide notice when terminating a casual employee under the Fair Work Act, the terms contained within an applicable modern award, enterprise agreement or employment contract may provide for more generous entitlements, including notice requirements.

An applicable award (or agreement) may also prescribe a minimum engagement and payment period for work performed by a casual employee on each day. This means that if an employee was terminated after having commencing working a scheduled shift, they would be entitled to payment for at least the minimum payment period for that day.

Who else is excluded from minimum notice requirements?

Casual employees are not the only category of employee excluded from the notice of termination provisions under the Fair Work Act.

The Act also excludes the following categories of employees:

  • An employee engaged under a contract of employment for a specified period of time, a specified task, or a specified season;
  • An employee whose employment was terminated because of serious misconduct;
  • An employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period of time or is, for any reason, limited to the duration of the training arrangement.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.

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