A ridiculously simple explanation to determining how much notice to resign is required

HomeBlogA ridiculously simple explanation to determining how much notice to resign is required

Working casually is a completely different scenario from working full or part-time, in that a permanent staff member is generally required to provide 2 weeks notice to their employer. Casual’s aren’t often entitled to most working benefits full time or permanent employees have, but flexibility is an upper hand casuals have against full time employees. Given this, a casual employee providing notice to resign bears the question to ask whether it is essential or needed, and this Business Kitz blog will take you through this matter and explain the reason as to why. 

How much notice to resign is needed in Queensland? 

There is no general requirement for casual employees to provide notice if they wish to leave their current position, nor mended by law to do so. This is based on the fact that there is no general agreement between the employer and employee that the employee must commit to work for a specific period of time and how much work they would be doing. Casual employees are often able to be very flexible with their schedules, where they could easily roster their own days off on days they wish to do so, as long as their employers are informed in advance. 

This, however, works both ways with employers towards their employees, as under the National Employment Standards (NES), employers aren’t required to provide any form of notice if they wish to terminate a particular casual employee, as well as long-term casual employees (at least been employed as casual for 12 months). Most modern awards often require a full-time or part-time employee to provide the same period of notice as that required by the employer, which is usually the appropriate notice required under NES of two or four weeks.

In some cases, the terms of an individual’s contract of employment may sometimes require a period of notice be given by a casual employee, but has never been a requirement under modern awards or the NES. 

Why is notice to resign not required? 

Notice to resign by casual employees is not required under modern awards or NES, due to the benefits full-time workers or permanent employees retain compared to casual employees. The key differences between the benefits of both employment types include the following: 

  1. Leave entitlements – full-time employees are entitled to all NES leave entitlements, such as annual leave, sick leave and carers leave. However, casual employees do not receive any form of paid under any grounds. 
  1. Working hours – full-time employees generally work a maximum of 38 hours per week, plus any reasonable additional hours on top of this. They can be on a permanent contract basis, as well as on a fixed-term contract. Casual employees on the other hand, do not have any guaranteed working hours. Their working hours are often irregular and very unpredictable at times. 
  1. Pay – full-time employees are usually paid based on an annual salary outlined in the modern award or employment agreement, whilst a casual employee’s pay is based on an hourly rate of pay with a casual loading under a specific award of employment agreement. 
  1. Superannuation – full-time employees are entitled to 9.5% of their ordinary earnings, whilst casuals are entitled to 9.5% of the value of their ordinary time earnings. 
  1. Notice period – full-time employees are required to provide either a 2 week or 4 week notice period, based on what’s set out on the employment agreement. Whereas for casuals, there is often no notice period unless stated otherwise on the employment agreement or award. 

Considering the difference between both employment types, there are both pro’s and con’s to working under each. This is why there’s always a trade off for an employee to be able to quit a job instantly, as you have the ability to terminate you without any notice. 

Given notice to resign is not required, should a casual employee give notice to you? 

An employee providing enough notice towards you, if they are casual is considered a good gesture, especially if you started to form a positive relationship with your employee. From this kind gesture, you will likely be more inclined to provide your employee with a positive reference letter. Additionally, a casual employee providing notice to you will assist you in being able to find a new staff member to fill the position. If a casual employee transfers to a similar job within the industry, leaving on bad terms may not be in their best interest as you are likely connected with other employers in competing or allied businesses.

Legal advice

Under the NES, casual employees are not required to provide any form of notice of resignation towards their employers. This is based on the fact that employers may terminate casual workers without any notice, and the various benefits tied towards casual contracts. Notwithstanding, employment law is a complex area of the legal industry, and therefore, if you require any legal advice in terminating a casual employee, our sister company Legal Kitz can help. They offer a FREE 30-minute consultation with any legal concerns you may have. Book here now for your free consult.