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sony_2012
05-07-2012, 04:50 PM
redundancy - long term casual? what are my rights

been working since 2006 casual

now 2012 still a casual even when I am in fulltime hours. I would be at work everyday, somteimes take a day off or two..when not busy

what are my entitlements. i consider myself a long term casual, AS I am expected to turn up daily like a fulltime worker. YET on payslips -casual-.

not sure, but am I entitled to redundancy.
IF not what about unfair dismissal, as should they have offered me fulltime after 6 months? or casual workers just not important, and have no rights.

Cottoneyes
06-07-2012, 08:20 AM
Can you prove that you worked regular and systematic hours? If so, you would probably have some sort of case, perhaps not for redundancy but some sort of severance.

Worth contacting FWA about it at Dispute resolution | Fair Work Australia (http://www.fwa.gov.au/index.cfm?pagename=dispute)

If claiming redundancy (and whether you will have a claim on that front will depend on a large number of criteria), you will have 14 days from the termination to submit a claim.

Tiger
06-07-2012, 09:54 AM
There are a number of variables involved in answering your question. Like the type of business (small or otherwise) you work for; the specific award(s) or agreements which may be in place in your workplace or a contract of employment.

I recommend you contact the Fair Work Ombudsman on 13 13 94 for clarification dependent on your own detailed specifics. Before doing that however, you should put together the facts around your employment
- How long.
- Actual weekly hours worked during that time (you may need to dig out all your Pay Advice Slips to work that out)
- what award or agreement applies to your workplace;
- if you had a formal (written) offer of employment to begin with (and what does that say).

Having the above information with you when you call FW will enable them to better answer your questions.

sony_2012
13-07-2012, 09:33 AM
fair work ombudsman says they can do nothing. I am stuck. casuals are just casuals. nothing gained

Tiger
13-07-2012, 11:30 AM
Then I suggest you got an incompetent, lacking knowledge individual when you called FWA. Ask to speak to a supervisor.
Yes a casual is different but you do have more rights these days and it all comes down to the regularity and length of time of your work with that employer. There is a point at which a casual has to be treated the same way as a permanent employer if they've worked there a long time with regular hours.

sony_2012
13-07-2012, 12:51 PM
I am feeling disheartened by this.
thanks for reply


Fair work ombudsman searched for some sort of enterprise agreement? what difference this makes, means nothing to me,
i only saw a 3 month probation letter?
I am not sure how to approach this,. as the job is not finished just yet. should i approach HR with this severence pay question?

Im not sure how to handle this situation..?