Can an employer force a casual employee to convert to permanent status?
The answer is no.
A casual employee is so engaged on a contractual basis and an employer cannot unilaterally vary the terms of an employment contract.
An employer should ensure that they do not pressure casual employees to accept permanent status as to do so could represent a breach of contract. Such pressure could also raise general protections issues if an employee’s refusal to accept this change results in adverse action.
An employer should also be aware that a refusal to offer work to a casual due to a restructure could oblige the employer to complete redundancy procedures. Failure to do so may open the employer to an unfair dismissal claim (despite the fact that the casual employee may not be entitled to redundancy pay).
Please contact the Ai Group Workplace Advice Line for more information, particularly where there are industrial instruments that apply which may change the relevant circumstances.
Clinton is the Publications Manager at Ai Group. He is responsible for a number of key services including Annotated Modern Awards, Workplace Relations Handbooks and the management of Ai Group’s HR and Health & Safety Resource Centres. Clinton has a Masters in Employment Relations and previously held advisory roles with the Workplace Authority and Fair Work Ombudsman.
