Question: Does the concept of a “casual” still exist?

Answer: No, there is no reference in our labour legislation to the concept of a “casual” labourer.

Brief explanation: The old Basic Conditions of Employment (BCEA) of 1983 referred to casual labourers as those who worked for three days or less per week. They did not enjoy the same protection as other employees. However, since the introduction of the BCEA of 1997, the concept of “casual labour” in this sense has fallen away. Anybody who is employed for 24 or more hours per month is entitled to the protections regarding working time, leave, etc. provided by the BCEA of 1997 (as amplified or varied by Sectoral Determinations or Bargaining Council agreements in certain industry sectors). Someone who works for less than 24 hours per month can perhaps still be referred to as a “casual” worker in a loose sense, but bear in mind that they remain fully fledged employees for purposes of the protections of the LRA and EEA.

Note: These snippets of information are based on frequently asked questions and will be circulated to subscribers on a regular basis. Labourwise subscribers are invited to submit questions on matters that they believe would be of general interest to employers.

Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article.