When does a casual worker become an employee?
There is no simple answer to this question; the employment status of casual workers depends on the nature of the relationship between the worker and the employer. If an employer engages people on an ad hoc basis to help out during staff shortages or at busy times of the year, or when an emergency arises, accepting that they may or may not be available when it needs them, they are unlikely to be employees. But, if it regularises the arrangement with those workers and undertakes to provide them with work on specified days and at specified times of the week, on the understanding (accepted by them) that they will present themselves for work on those days and at those times, the chances are that the relationship between the employer and the workers will change to that of employer and employees. In the final analysis, it will be for the tribunals and courts to determine the true nature of the contractual relationship, based on the facts of each case.