s.3Application
3
Section 3Part 1 — INTRODUCTORY

Application

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This Law applies to all employees, including — (a) public servants; and (b) employees of churches and charitable organisations, but does not apply to casual employees as defined in subsections (2), (3), (4) and (5).
public servants; and
employees of churches and charitable organisations,
A casual employee means a person who is employed by the same employer for a period not exceeding thirty calendar days' continuous employment, and does not include a seasonal employee.
Where an employee who has been employed for less than thirty calendar days is laid off and is re-called within seven calendar days, the days shall be totalled and if they exceed thirty calendar days, he shall not be considered to be a casual employee.
Subsection (3) applies also to cases where a person is employed for more than two periods of time, that is to say, all periods of employment must be added so long as the laying off does not exceed seven calendar days between each period of employment.
Notwithstanding the other provisions of this section, where an employee works for a total period of ninety days or more in a year for the same employer, he shall not be considered to be a casual employee.
Sections 28 (overtime pay in general) and 29 (rate of overtime pay) shall not apply to employees in essential services except to such extent as the Governor may by regulation prescribe.

Cross References

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