Are casual employees entitled to redundancy?

Asked by: scraper  |  Last update: September 6, 2026
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In most jurisdictions (like Australia and the UK), genuine casual employees are not entitled to redundancy pay or statutory notice. This is because casual workers are paid a "casual loading" (a higher hourly rate) to compensate them for missing out on permanent benefits like job security and redundancy pay.

Can you get redundancy on a casual contract?

Employee Status

Different worker classifications under employment law can significantly impact your rights, such as statutory redundancy pay and holiday entitlement. As a casual worker, you may not qualify for statutory redundancy pay due to fluctuating hours and a lack of continuous work history.

Can you legally not get redundancy if you are a casual and you have been working the same consistent shift for years in Australia?

Casual employees are not included unless engaged on a regular and systematic basis. don't have to pay their employees redundancy pay under the NES. There are exceptions for: businesses that become small businesses due to downsizing.

Who is not entitled to redundancy pay?

The following classes of employee are not entitled to redundancy: employees with fewer than 12 months' service employees of a small business (fewer than 15 employees)* employees covered by an award that provides for specific situations in which redundancy is not applicable.

Do I have to give 2 weeks notice if I'm casual?

An employee who isn't covered by an award or agreement doesn't have to give notice to an employer before resigning. However, an employment contract may require that employee to give notice. An employment contract can't provide less than the legal minimum set out in awards and agreements.

Redundancy and losing your job

23 related questions found

How to terminate a casual employee?

Conducting termination meetings

  1. Provide the employee with sufficient notice of the meeting. ...
  2. It's advisable to have a third party present during the termination meeting to serve as a witness. ...
  3. Clearly explain the reasons for the termination. ...
  4. Allow the employee to respond to the reasons given for their termination.

What is revenge resignation?

Revenge resignation (or "revenge quitting") is the act of abruptly leaving a job, often with little to no notice, to intentionally cause disruption or make a statement against an employer, typically in response to toxic work environments, burnout, or perceived unfair treatment. It is a calculated move designed to disrupt company operations, such as leaving during a peak season or key project.

Does casual service count for redundancy pay and notice?

In most cases casual service doesn't count. The National Employment Standards (NES) excludes casual service when calculating redundancy pay and notice.

Can an employer refuse redundancy pay?

Your employer can refuse to pay your redundancy pay if they don't think you have a good reason for turning down the job.

Is it better to take redundancy or resign?

If you've worked for your employer for over 2 years you're usually better off waiting to be made redundant, as you'll probably get a redundancy payment. If you want to stay with your employer, they might offer you a new job.

Can casual staff be made redundant?

Making casual employees redundant:

While this is sometimes true, in the instance where a casual employee is defined as a regular and systematic casual employee, the employer is obligated to apply a procedurally fair termination process, as you would when terminating the employment of a permanent employee.

What are the three R's of redundancy?

The 3 R's – Restructure, Reorganisation and Redundancy. This complete guide to restructuring, reorganisation and redundancy will provide you with a solid grounding of the processes involved to ensure you comply with employment Law and HR best practice.

What is the longest shift you can legally work?

Federal law doesn't cap shift length for most adult workers. A 12-hour or 16-hour shift is federally legal as long as overtime is paid correctly. Some industries have their own limits — California has special overtime rules for some healthcare employees, and truckers face DOT hour restrictions.

Are casual workers entitled to severance pay?

AREEA consultants Karen Nelson and Chloe Sargent review a recent Fair Work Commission decision in which a majority Full Bench finds that casual service counts towards an employee's entitlement to redundancy pay where the employee converts from casual to permanent employment.

What are the 5 stages of redundancy?

When an employer makes an employee redundant, you must demonstrate that the job will no longer exist.

  • Explore other avenues before redundancy. ...
  • Identifying employees for redundancy. ...
  • Giving staff notice. ...
  • Deciding on redundancy pay.

How much notice do I have to give on a casual contract?

A casual employee usually does not need to give notice if they decide not to accept more shifts. If you have already accepted a shift, you may need to follow the notice terms in your agreement. An employer can stop offering shifts at any time if the work is genuinely casual.

What are signs you're not valued at work?

1 – Being Below Average. The first mistake is being below average or worse at the job you do. Doing an average or better job, especially after 6 months in role, is vital to being valued at work by bosses and team members. Below average means you are making their lives harder.

What is silent firing?

"Silent firing" (also known as "quiet firing") is a workplace phenomenon where an employer deliberately neglects or mistreats an employee to pressure them into quitting, rather than formally terminating them. Managers often do this to avoid severance pay, unemployment claims, or the legal hurdles of a formal dismissal.

What is the #1 most stressful job?

As of late 2025/early 2026, flight attendants are ranked as the #1 most stressful job, largely due to high-stakes safety responsibilities, demanding schedules, and passenger interaction. Other top contenders often cited for high stress include surgeons, police officers, and enlisted military personnel.

Can you claim unfair dismissal if you are casual?

Casual employees are usually not able to make unfair dismissal applications. However, if you are a casual employee who works regular hours, you may still be able to apply. A casual employee is different to a permanent employee. Permanent employees can work either full time or part time.

What not to say when resigning?

Negative comments about your managers

Most often the message isn't well-received and there may be consequences such as being given a bad reference that can prevent you from getting another job. Staying neutral and professional in the resignation letter is the best way to leave in a professional manner.

What are signs it's time to quit?

Key signs you should quit your job

  • You dread work more often than you enjoy it. ...
  • Seeing signs of burnout at work (and how to know it's more than stress) ...
  • There's no path for career progression. ...
  • The company culture doesn't fit with you anymore. ...
  • You're only staying for the security.

How much redundancy will I get after 40 years of service?

You'll get: half a week's pay for each year you were aged under 22. 1 week's pay for each year you were aged 22 to 40. 1.5 weeks' pay for each year you were aged 41 or older.

Who usually goes first in layoffs?

Layoffs generally start with contractors, temporary workers, and the most recently hired employees. After these groups, companies typically target underperforming employees, redundant or highly-compensated roles, and staff in non-revenue-generating departments.