casual employment in ontario
20Oct

Casual Employment in Ontario: What Every Worker (and Employer) Needs to Know

“Casual” employment is a reality for thousands of Ontarians, particularly in healthcare, retail, education, hospitality, and gig work. These jobs offer flexibility, but many workers mistakenly believe that casual status means fewer legal protections. That’s simply not true.

Under the Employment Standards Act, 2000 (ESA) and the Ontario Human Rights Code, most minimum employment rights apply equally to casual, part-time, temporary, and full-time workers. Employers cannot avoid their legal obligations simply by calling a position “casual.”

1. What “Casual Employment” Really Means

Casual employees typically:

  • Work irregular hours or variable shifts
  • Have no guaranteed weekly schedule
  • They are often called in as needed, based on demand

This flexibility benefits both parties, but it does not reduce or remove your rights under Ontario law. Once you are hired, you are legally considered an employee, and most ESA protections apply.

2. Your Legal Rights as a Casual Employee in Ontario

 Minimum Wage and Pay Standards

Casual workers must be paid at least the Ontario minimum wage, no exceptions. Employers must:

  • Provide accurate pay statements
  • Pay on the regular payday

Clearly outline any deductions on your pay stub

Hours of Work, Breaks, and Overtime

All casual employees are entitled to:

  • 11 consecutive hours off between shifts (in most cases)
  • 30-minute unpaid meal break after five consecutive hours
  • Overtime pay (1.5×) after 44 hours in a workweek, unless an exemption applies

Employers must track hours accurately, even for unpredictable schedules.

Vacation Pay

Even if you don’t take vacation time, you earn vacation pay:

  • Minimum 4% of gross wages after each 12 months
  • 6% after five years of service

Vacation pay must be included in your regular pay or paid out when you take a vacation.

Public Holidays

Casual employees may still qualify for public holiday pay if they work their regular or customary shifts before and after the holiday. Eligibility and pay are based on formulas in the ESA; your employer cannot withhold them just because you’re “on-call.”

Statutory Leaves

Casual employees are often eligible for job-protected leaves, including:

Eligibility depends on the type of leave, not whether you are full-time or casual.

Termination and Severance Rights

Even casual employees have rights when their employment ends.

  • After three months of continuous service, you are entitled to notice of termination or termination pay.
  • If you’ve worked five or more years and your employer’s payroll exceeds $2.5 million, you may also qualify for severance pay.
  • At common law, courts often award significantly more than ESA minimums, especially if your employment was long-term or you relied on the job for income.
Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Casual employment can seem straightforward, but unclear expectations or misclassification can lead to serious legal and financial issues. Speaking with an employment lawyer early can help both workers and employers protect their rights and avoid disputes down the road.” 

3. Human Rights Still Protect Casual Workers

The Ontario Human Rights Code protects all workers, including casual and short-term employees, from discrimination and harassment based on protected grounds such as race, disability, sex, age, religion, or family status.

These protections apply from the hiring process to termination and cannot be waived or contracted out of, no matter how short your employment.

4. Casual Employee or Independent Contractor? The Difference Matters

Some employers misclassify workers as independent contractors to avoid ESA obligations. But if:

  • The employer controls your hours or schedule
  • You use their equipment or tools
  • You are paid like an employee (hourly or salary)

…then you might legally be considered an employee, regardless of what your contract says.

💡 Tip: If you suspect misclassification, you can file a claim with the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) or seek legal advice to pursue back pay, vacation pay, and other entitlements.

5. What to Do if Your Rights Are Violated

If you believe your employer is not following the law:

  1. Document everything, keep pay stubs, contracts, messages, and schedules.

  2. Raise the issue in writing with your employer.
  3. File a claim with the Ministry of Labour (within two years of the violation).
  4. Consult an employment lawyer for complex issues like wrongful dismissal, severance disputes, or discrimination claims.

6. Employer Responsibilities: Staying Compliant with ESA Rules

Casual staff flexibility does not mean flexibility with the law. Employers must:

  • Track hours, wages, overtime, and vacation pay accurately
  • Apply ESA standards equally to all workers, including casual and on-call staff
  • Provide written contracts that reflect the true nature of the employment relationship
  • Avoid discriminatory scheduling, discipline, or terminations
  • Regularly review whether casual roles have evolved into part-time or full-time positions

Failing to follow these rules can lead to Ministry investigations, fines, civil claims, and damage to your business reputation.

Key Takeaways

  • Casual workers have nearly identical rights to full-time employees under the ESA.
  • You still earn vacation pay, may qualify for public holiday pay, and have access to statutory leaves.
  • After three months, you may be entitled to termination pay and possibly more under common law.
  • Misclassification is illegal, even if your contract calls you a “contractor.”
  • Human rights protections apply from day one, regardless of employment type.

Need Help Understanding Your Rights as a Casual Worker?

Whether you’re a casual employee unsure about your entitlements or an employer trying to stay compliant, expert legal advice can save you time, money, and stress.

At Achkar Law, we help both employees and employers across Ontario navigate workplace issues, including misclassification disputes, unpaid wages, terminations, and severance claims.

  • For employees: We’ll review your situation, explain your rights, and help you recover what you’re owed.
  • For employers: We’ll ensure your contracts, policies, and payroll practices align with the ESA, reducing the risk of fines or lawsuits.

Final Thought

Casual doesn’t mean powerless. Your rights under Ontario law are strong and enforceable. Whether you work a few hours a week or on a call-in basis, understanding those rights is the first step to protecting them.  

Contact Achkar Law

Contact Achkar Law today for a confidential consultation and take the first step toward resolving your workplace issue with confidence.  

 Call toll-free: 1-800-771-7882 | Email: [email protected]

employment law firm toronto - Achkar Law

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©