Casual break entitlements.

[spd]

Hi all,

I’ve been working as a casual since 1 year, and recently I requested for a half a day shift I,e. 5 hour shift per day. And I’ve been working 5hrs for 3 days every week continuous for 3 months, and I used to get 20 minutes break in a day when I work 5 hours. But last Friday my director and assistant director were on leave and I asked one of the senior staff who was in charge for that day. And she said “ you are not entitled for a break when you are doing 5 hours shift. And I was shocked and I told her all these days I’ve been getting 20 minutes break and why all of a sudden there is a change? For that she replied “ as per the law you don’t get break for 5 hrs and I’m helpless “. I felt strange by the way she replied.
Because I’m pregnant now and I’m in my second trimester. So working continuously for 5 hours without a single minute break will make me so tired and exhausted. And I was left without break for that day. After 5 hours of continuous work without a break I ended up going home literally very tired ,dizzy . I can’t explain how I was feeling that day. I don’t know why that lady told me like that. I want to know is it discrimination towards a pregnant casual staff or does the law really say that a casual is not entitled to have a break when taking 5 hours shift?
Please somebody clarify my doubts!
I need to know what are my entitlement as a casual when I do 5 hours shift??
I couldn’t get proper information on fairwork or any other site.
I believe there are lot of directors and highly qualified people in this forum who can understand my concern and explain me about the breaks and entitlement.

[Lorina]

Hi!

First of all Congrats on your pregnancy! I'm currently 13 weeks myself!

This is what I found out as per the Children's Service's Award

"Based on what you've told us, it looks like you're covered by the Children’s Services Award 2010 [MA000120].

Rest breaks
A rest break is a 10 minute paid break that counts as time worked.

An employee gets:

1 paid break if they work 4 hours or more
2 paid breaks if they work 7 hours or more

Reference: Hours Of Work Breaks and Rosters

Also, since you are pregnant, considerations should be made to make you feel more comfortable at work. I would recommend speaking to your Director to confirm that you're able to take breaks when possible and to make sure the Senior staff are also aware of it.

Hope this helps!

,
Lorina

[spd]

First of all Congratulations to you aswell Lorina. Thank you very much For the response. It cleared my doubts.
I have another shift on Wednesday at the same center, and I’ll talk to my director on this and let you know how the things went on.
You take care

[Lorina]

Thanks! Argh! Haven’t enjoyed this pregnancy as yet it’s worse than my first one... kudos to you for working! Don’t know how you do it! Some days I just lay in bed all day since I’m so sick! However, I’ve been feeling much better since hitting my second trimester this week... let’s see...

Since you’re working and pregnant typical rules don’t generally apply to you. Your work has to be flexible with you and accommodate you - you shouldn’t be straining, lifting children, changing nappies etc.

Look after yourself!

,
Lorina

[Gamze]

Hi

I just want to find out something my self as well.

The centre I am working for at least 1 year, I didnt have any problem with my old director and keep getting shifts as normal full timer should have. But as I am casual, I am recently having issue with the director. They ring me up and comform for the shifts and then when I say yes to them they say thankyou.

But recently this 2 weeks I had two shift. Last 2 weeks I had one shift that I was starting at 2 to 5 30. And I was about to leave and go to work. Then the director rings me and says " Sorry, I cancled your shift, I dont need you." I said to her thats okay. But today she rings me and conforms with the shift again for the next day when I said "OKAY, thats fine.: Then 2 min later she sends me email saying " Cancled your shift, I dont need you." This happened twice to me so what do I do.

And can I ask you another question : I am a casual worker " If i resign to I need to do a resign letter or not." Can anyone tell me please so I can RESIGN from this centre.

[Lorina]

When working as a casual your hours and your roster will change day to day - sometimes you will work other times you won’t.

However you should be given an hour notice or so if your shift has been cancelled... this is out of courtesy...

Maybe you could ask the Director to inform you an hour before if your shift is cancelled so you can make arrangements if you’re not working that day...

While working as a casual you don’t need to give notice but morally it’s right to do so, especially if you’re the only casual so the Director can make arrangements for someone else if need be.

Hope this helps!

,
Lorina

[Gamze]

Hi Lorina

Before the day they ring me and then when its time for me to leave home they ring me and say cancled by email.

Latley my shift gets cancle 3 time. What do I do

[Lorina]

They shouldn't do that! You need to let them know that you need to know a minimum an hour beforehand if they want to cancel your shift. Or else you have to find casual work elsewhere.

,
Lorina