9 May Is there a minimum notice period for casual employees? May 9, 2018 By Reef Admin Fair Work Act 0 Most employers know that there is a minimum notice period that must be given when terminating a full-time or part-time employee. But what about a casual employee? While a ‘regular casual’ is usually able to access certain employment entitlements under the Fair Work Act 2009, this doesn’t extend to an entitlement to minimum periods of notice where the termination is initiated by the employer. Casual employees are specifically excluded from these minimum notice periods under the Act. However, it should be noted that awards generally provide that casuals are required to be paid for a minimum number of hours on each day of work. For example, the Clerks – Private Sector Award provides that a casual employee is entitled to a minimum payment of three hours’ work at the appropriate rate. This means that a casual employee who is dismissed after one hour of work is entitled to three hours’ pay at the casual hourly rate. The bottom line is there is no entitlement to provide a casual employee with a minimum period of notice of termination, but the employee may be entitled to a minimum payment for the day (subject to the terms of the relevant award). Related Notice periods: When it all comes to an end How much notice needs to be given when bringing an employment relationship to an end? Here we answer some common questions about minimum notice periods for termination. When is a casual not a casual? The employment of casual employees has become a lot more precarious following a recent court decision by the Federal Court of Australia. Converting a casual to permanent status When is a casual employee not a casual? It’s a good question and one that all employers need to be asking themselves in light of the new award provision providing for the conversion of casual employees to permanent employment. Working out a notice period An employee must give notice to their employer of their intention to end their employment and the period of that notice must be in accordance with the relevant award or their employment agreement. Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Dismissal during the Minimum Employment Period One of the most common questions our Workplace Relations Advisors are asked is whether an employer is required to give a reason for the dismissal of an employee if they’re within their Minimum Employment Period. Comments are closed.