The Employment Relations Authority has confirmed that all casual employees must be given employment agreements.

The employer had not provided an agreement because it considered the employee to be a casual, but the ERA made it clear this was a misunderstanding of the legal position.

The employee’s claim for a personal grievance for unjustified dismissal and 12 months wages failed because the ERA held the employee was still a casual when the employer told him it would have no further work for him.

The employer was not obliged to offer work and the employee was not obliged to work. The employee had often made himself unavailable for work and had been paid his holiday pay each pay (as is allowed with casuals).

His status therefore had not changed from casual to permanent and he was not unjustifiably dismissed because there was no obligation to offer him any work.