Casual workers play a vital role in New Zealand's workforce, providing flexibility for both employers and employees. However, the rights and entitlements of casual employees can sometimes be misunderstood or overlooked. If you’re a casual worker, it’s important to understand how your employment differs from permanent or fixed-term arrangements and to know what protections you’re entitled to under New Zealand law.
What is a Casual Employee?
A casual employee works on an as-needed basis, often with irregular or intermittent hours. Unlike permanent employees, casual workers are not guaranteed ongoing work. Employers typically engage casual employees when work demand fluctuates. Common examples include retail staff hired for peak periods or hospitality workers covering busy seasons.
However, the label “casual” is not a free pass for employers to avoid legal obligations. Even casual employees have rights under New Zealand’s employment laws. These rights include:
Employment Agreements
Every casual employee must have a written employment agreement. This agreement should clearly outline the nature of your employment, including:
The casual nature of the work.
How work will be offered and your ability to decline work.
Your pay rate and other entitlements, such as holiday pay.
Without a written agreement, your employer may struggle to justify treating you as a casual employee.
Right to Decline Work
As a casual employee, you are not obligated to accept every shift offered to you. The flexibility goes both ways: employers can offer work as needed, and you have the right to say no without facing negative consequences. If you find yourself consistently working set hours, your employment may no longer be casual. In such cases, you might actually be classified as a permanent or part-time employee with additional rights, including guaranteed hours.
Pay and Holiday Entitlements
Casual workers are entitled to the same minimum rights as other employees, including:
Minimum Wage: You must be paid at least the current minimum wage.
Holiday Pay: Casual employees usually receive their holiday pay as an extra 8% added to their hourly wage. This should be clearly stated on your pay slip.
If you work regularly, you may accrue annual leave in the same way as a permanent employee instead of receiving holiday pay on a “pay-as-you-go” basis.
Rest and Meal Breaks
You are entitled to regular rest and meal breaks, just like other employees. The specific timing of these breaks will depend on the length of your shift, but the general rule is:
A 10-minute paid break for every 2–4 hours worked.
A 30-minute unpaid meal break if you work more than 4 hours.
Protection Against Unfair Dismissal
Casual employment does not mean "at-will" employment. If your employer decides not to offer you more shifts, the decision must still be fair and lawful. If you feel you’ve been unfairly dismissed or excluded from work for reasons such as discrimination, you have the right to raise a personal grievance.
Health and Safety
Casual workers are covered under New Zealand’s Health and Safety at Work Act 2015. Your employer must provide a safe working environment, adequate training, and appropriate protective equipment.
When Does a Casual Role Become Permanent?
Over time, a casual employment relationship may evolve into something more permanent. If you find yourself working regular hours, on a fixed roster and/or with ongoing expectations to be available, then your employer might need to reclassify you as a permanent employee. Permanent employees have additional rights, such as guaranteed hours, sick leave, and redundancy protections. If you believe your role is no longer truly casual, seek advice to confirm your employment status.
While casual employment offers flexibility, it doesn’t mean casual workers are without rights. Understanding your entitlements is key to ensuring you’re treated fairly. Remember, the law is there to protect you whether you work one shift a month or five days a week.
If you’re unsure about your status or have concerns about your workplace, don’t hesitate to seek advice or support. mathewswalker.co.nz | 0800612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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