What Are the Rights of Casual Employees in NZ?

Minimum Rights Apply to Casual Employees

All employees in New Zealand – including casual employees – are entitled to minimum employment rights. Employers cannot agree to give less than these minimums, even if both parties “agree” to it.

Key rights include:

• At least the current adult minimum wage for every hour worked
• Rest and meal breaks
• A safe and healthy workplace
• Protection from discrimination, bullying, and harassment
• Accurate records of pay, hours, and leave

You can find an overview of minimum rights at: Employment New Zealand – Rights and responsibilities and govt.nz – Workers’ rights .

Pay and Wages

Casual employees must be paid at least the adult minimum wage (or the appropriate starting-out or training rate, if applicable) for every hour they work.

Current rates and updates are listed at: Minimum wage – Employment New Zealand .

Employers must also:

• Pay wages on the agreed payday
• Provide payslips if requested (best practice is to provide one every pay)
• Make correct deductions (PAYE, KiwiSaver, etc.)

Rest and Meal Breaks

Casual employees are entitled to rest and meal breaks in the same way as other employees, based on the length of their shift.

Employment New Zealand explains break entitlements based on hours worked: Rest and meal breaks .

These breaks are important for health, safety, and productivity, and should be built into your rostering and scheduling.

Holiday Pay, Sick Leave, and Bereavement Leave

Holiday Pay

Casual employees are usually paid holiday pay as an additional 8% of their gross earnings, often on a “pay-as-you-go” basis. This should be clearly labelled on the payslip.

See: Annual holidays – Employment New Zealand .

Sick Leave

Casual employees can become entitled to sick leave if they meet the criteria under the Holidays Act. Generally, they need to have:

• Worked for you for at least six months, and
• Averaged a certain number of hours per week or worked a certain number of hours over that period

Once the criteria are met, they receive a minimum entitlement of sick leave each year (currently 10 days – check Employment New Zealand for the latest figure).

Bereavement Leave

Casual employees may also qualify for bereavement leave if they meet the same “six months and hours” test, or in some cases if they have worked an average pattern of hours.

Details on these entitlements are available at: Leave and holidays – Employment New Zealand .

Health and Safety Rights

Casual employees are covered by the same health and safety protections as any other worker under the Health and Safety at Work Act 2015.

This means you must:

• Provide a safe work environment
• Identify and manage risks
• Provide appropriate training, supervision, and personal protective equipment (PPE)
• Consult with workers on health and safety matters

WorkSafe New Zealand provides extensive guidance for employers: worksafe.govt.nz .

Protection From Discrimination and Harassment

Casual employees are protected from unlawful discrimination, sexual harassment, and bullying. These protections come from both employment law and the Human Rights Act.

Employers should have clear policies in place and act promptly on any complaints. Casual status does not reduce these protections.

Record-Keeping Obligations

Employers must keep accurate records for all employees, including casual staff. This includes:

• Hours worked each day and pay for those hours
• Holiday pay and other leave payments
• Deductions and contributions (PAYE, KiwiSaver, etc.)
• Employment agreements and any variations

Employment New Zealand has guidance on employment records here: Wages and time records .

When Casual Workers Gain Additional Rights

Over time, a casual worker who regularly works for you may gain additional rights and entitlements. For example:

• They may qualify for sick and bereavement leave after six months’ regular employment
• A regular pattern of work can suggest permanent employment, even if the agreement says “casual”
• You may need to treat them as a part-time or permanent employee in practice

What If There Is a Problem?

If a casual employee feels their rights are not being met, they can:

• Talk to you directly as the employer
• Seek free advice from Employment New Zealand – Resolving problems
  
• Contact a union, Community Law centre, or employment advocate

As an employer, dealing with issues early and fairly is usually the best way to avoid escalating disputes.

Summary: Casual Employees Still Have Strong Rights

The key point is simple: casual employees are still employees. They must receive at least the minimum legal entitlements for pay, breaks, health and safety, and, over time, certain types of leave.