As an employer, you may or may not be aware of the fine distinction between who is considered a casual employee. To ensure you meet your obligations to employees, you must ensure that your employees are all working as per the employment agreement. This article explains what is considered casual employment in New Zealand and what casual employees are entitled to.<\/p>\n\n\n\n
There is no legislative definition of what constitutes a casual employee<\/a>. However, some distinct characteristics may indicate a relationship between you and your employee that is based on a casual employment relationship. One key aspect is that your employee\u2019s pattern of work should be:<\/p>\n\n\n\n The case of Lee v Minor Development Ltd<\/em> sets out the criteria which help to identify whether the employment is permanent or casual. An employee is likely to be a casual employee if:<\/p>\n\n\n\n Other factors impact whether the law considers a worker to be employed on a casual basis. For example, a casual employee is not entitled to:<\/p>\n\n\n\n If you include these provisions in an informal employment agreement, this would be inconsistent with casual employment status. <\/p>\n\n\n\n However, in casual employment situations, the employer will often pay out any leave that the law entitles permanent employees to. For example, employers often record this on their employee\u2019s pay slips as \u201c8% holiday pay\u201d in addition to their wages. Nevertheless, you must clearly state these entitlements in the employment agreement as it is one of the key identifiers for being a casual employee.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nCriteria for Establishing Casual Employment<\/h3>\n\n\n\n
Casual Employment Entitlements<\/h2>\n\n\n\n