5 Oct 2020
The required notice of termination period to be given by an employee when resigning is determined by the applicable modern award, enterprise agreement, or the terms of an individual’s contract of employment.
Does a long-term casual employee have to give notice of resignation? This question often gets asked by clients of our HR and employment law firm.
Generally, there is no requirement for casual employees to provide any notice by the employee or by the employer to the employee. The required period of notice of termination to be given by an employee upon their resignation is determined by the applicable modern award, enterprise agreement, or the terms of an individual’s contract of employment.
In the vast majority of cases, most modern awards require an employee to provide the same period of notice as that required by the employer – that is, the appropriate notice required under the National Employment Standards (NES), although there is usually no requirement on an employee to give additional notice based on the age of the employee concerned.
Under the NES, an employer is NOT required to provide a period of notice of termination to a casual employee. This would include a long-term casual employee. As most awards refer to the minimum notice provisions under the NES, a casual employee is not required to provide a period of notice to an employer upon resignation.
In some cases, the terms of an individual’s contract of employment may require a period of notice be given by a casual employee, but it is not normally a requirement under an award nor the NES.
Whether a long-term casual employee or not, a casual employee is not required to give a period of notice to an employer when resigning from their employment, unless otherwise prescribed in an award, enterprise agreement, or the terms.
It is also advisable to have a policy that provides for differing levels of intoxication depending on roles and responsibilities. For example, those working in administration roles may have a higher threshold than those working in safety-sensitive areas, such as driving plant and equipment, where zero tolerance would be considered as highly appropriate.
To avoid future risks, employers should have a considered approach and policy in place to deal with drugs and alcohol in the workplace.
Disclaimer: This article provides a summary only of the subject matter without the assumption of a duty of care by Effective Workplace Solutions. No person should rely on the contents as a substitute for legal of other professional advice.