You contribute to multiple industries, offering flexibility and adapting to the various needs of employers. However, the nature of casual and part-time work may lead to confusion about the rights and the protections you’re entitled to. 

All employees, regardless of whether they work full-time, part-time, or casually, are entitled to basic employment rights under the Employment Relations Act 2000, and other relevant legislation.  

In this article, we’ll explore the employment rights of casual and part-time employees, clearing up any confusion, and providing clarity about what you are entitled to in the workplace. 

What is Casual Work? 

Casual work refers to employment where there is no set pattern of work, or expectation of ongoing employment.  

Casual employees are typically employed on an ‘as needed’ basis, and their hours can vary greatly from week to week, depending on the needs of the employer. Casual employees are generally not entitled to regular or fixed hours of work, and may be called in on short notice. 

Employment Rights for Casual Employees 

Casual employees may not have a guaranteed number of hours each week, and their contracts often reflect that uncertainty. However, they still have specific, minimum employment rights. 

1. Minimum Wage and Pay 

Casual employees are entitled to receive at least the minimum wage for all the hours they work. As of April 2025, the minimum wage in New Zealand is $23.50 per hour for adult employees.

2. Employment Agreement

Although casual employees may not have a set pattern of work, they are still entitled to a written employment agreement. This agreement should outline the terms of their employment, including the casual nature of the work, how much notice is required to cancel shifts, and what the employer’s expectations are. 

3. Holiday and Sick Leave 

Casual employees are entitled to holiday pay, which is calculated at a rate of 8% of their gross earnings.  

Unlike permanent employees, casual employees typically do not receive paid sick leave or annual leave because they are not guaranteed a set number of hours. 

However, if a casual employe works regularly over a long period, they may be entitled to holiday leave, and employers are encouraged to provide these entitlements on a fair and reasonable basis. It is important to remember that casual employees who work the same number of hours over a consistent period might, under certain circumstances, be entitled to other leave benefits as well. 

4. Notice of Termination 

Casual employees can have their employment terminated at any time, but employers must follow the correct process for dismissal. If a casual employee’s contract is ended, the employer must provide a minimum notice period unless the contract specifies otherwise. If there is no written agreement, a casual employee can expect a reasonable notice period, typically 2 to 4 weeks. 

5. Health and Safety Protections 

Casual employees are entitled to the same health and safety protections as other employees under the Health and Safety at Work Act 2015. Employers are legally required to provide a safe working environment, and ensure that casual employees are trained in workplace health and safety procedures. 

6. Discrimination Protections 

Casual employees are also entitled to be free from discrimination based on gender, race, disability, sexual orientation, and other protected characteristics under the Human Rights Act 1993. Discrimination is prohibited, and employees have the right to file a grievance if they believe they have been treated unfairly. 

What is Part-Time Work? 

Part-time employees are employees who follow a set schedule, but work fewer hours than a full-time employee, typically less than 30 to 40 hours per week. Part-time employees are often entitled to the same benefits as full-time employees, with their entitlements calculated on a pro-rata basis (according to the hours worked). 

Employment Rights for Part-Time Employees 

As mentioned, part-time employees generally have the same rights as full-time employees. 

1. Minimum Wage and Pay 

Like casual employees, part-time employees are entitled to be paid at least the minimum wage ($23.50 as of April 2025) for every hour they work. They are also entitled to the same benefits as full-time employees, but the amount will typically be adjusted based on the number of hours worked, and the employment agreement. 

2. Annual Leave and Public Holidays 

Part-time employees are entitled to annual leave and public holidays just like full-time employees. However, paid leave depends on hours worked.  

Annual Leave: Part-time employees are entitled to 4 weeks of paid annual leave per year after 12 months of continuous employment. 

Public Holidays: Part-time employees are entitled to public holiday leave. If they are working on a public holiday, they must be paid time-and-a-half per hour.   

If the holiday falls on a day the part-time employee normally works, they must be paid at their normal rate for that day. If the holiday falls on a day they do not usually work, they are entitled to an alternative day off with pay (day in lieu). 

3. Sick Leave 

Part-time employees are also entitled to sick leave on a pro-rata basis. After working for 6 months with the same employer, part-time employees are entitled to 10 days of paid sick leave per year. 

4. Parental Leave 

Part-time employees are entitled to the same parental leave as full-time employees, including maternity, paternity, and shared parental leave. If you’ve been working for the same employer for at least 10 hours a week, for at least 6 months, you can receive paid parental leave for up to 26 weeks. You can also take up to 52 weeks of unpaid leave.

5. Job Protection and Termination

Part-time workers are entitled to job protection against unfair dismissal. If a part-time worker believes they have been dismissed unjustly, they can file a personal grievance within 90 days. The dismissal must follow the correct process as outlined in their employment agreement, and fall in line with employment laws. 

Key Differences Between Casual and Part-Time Employees 

Job Security: Casual workers generally have less job security and may not have a consistent pattern of work, while part-time workers have a set number of hours each week and are entitled to ongoing employment. 

Holiday Pay: Casual workers typically receive holiday pay as a separate payment (8% on top of normal pay), while part-time workers accrue paid holiday leave over time while being paid at either the normal rate, or time-and-a-half per hour. 

Sick Leave: Casual workers are generally not entitled to paid sick leave, while part-time workers accrue sick leave based on the hours they work. 

Notice of Termination: Casual workers may have less notice of termination, whereas part-time workers are typically entitled to more protection regarding job termination. 

Conclusion 

Both part-time and casual employees in New Zealand are entitled to basic employment rights. 

While there are differences between the two types of employment, both casual and part-time workers should be treated fairly, paid at least the minimum wage, and receive their entitlements based on the number of hours worked.  

If you are a casual or part-time worker, it is important to understand your rights and seek advice if you believe your employer is not meeting their obligations.  

We can Help! 

Unsure of whether you’re a casual or permanent employee? 

Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required. 

We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs. 

Get in touch for a free consultation. You can fill out this form – or contact us at help@mahilaw.nz, or 0800 624 452. 

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