My casual hours have been cut
Can your employer reduce your casual hours? Minimum engagement rules, what counts as dismissal, and your options.
Can your employer cut your hours?
Technically, yes — casual employees have no guaranteed hours unless their contract or award specifies otherwise. Your employer is not legally required to offer you a minimum number of hours per week. Each shift is treated as a separate engagement. However, if you've been working regular and systematic hours for months and your hours are suddenly cut to zero, this could amount to a dismissal.
Minimum engagement periods
Most modern awards require a minimum number of hours per shift when a casual is rostered on. For example, the General Retail Industry Award requires a minimum of 3 hours per shift. The Hospitality Award also requires 3 hours minimum. Check your specific award — your employer can't roster you for less than the minimum engagement period. If they do, they still have to pay you for the minimum.
When reduced hours become dismissal
If your hours are cut to zero or near-zero and you've been working regular hours for 6 months or more, this could be treated as a dismissal. The Fair Work Commission has found in multiple cases that 'zeroing out' a casual's hours is effectively terminating their employment. If this happens, you may be able to lodge an unfair dismissal claim within 21 days of your last shift.
Casual conversion as protection
If you've been working regular and systematic hours for 6 months (12 months for small businesses), you have the right to request conversion to permanent part-time or full-time employment. Once converted, your hours are set and can't be reduced without your agreement. Even before converting, working a regular pattern strengthens your argument that a sudden cut in hours is a dismissal.
What to do if your hours are cut
1. Check your employment contract and award for any guaranteed minimum hours. 2. Ask your employer in writing why your hours have been reduced. 3. Keep a record of your hours worked over the past 6-12 months to show your regular pattern. 4. If you've been working regular hours for 6+ months, consider requesting casual conversion. 5. If your hours are cut to zero, seek advice immediately — you may have 21 days to lodge an unfair dismissal claim.
Getting help
Call the Fair Work Infoline on 13 13 94 for free advice. If you're a union member, contact your union — they deal with this regularly. Community legal centres also provide free employment law advice. Don't wait — the 21-day unfair dismissal deadline is strict and extensions are rarely granted.
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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