PUBLIC HOLIDAYS - WORK or NOT TO WORK?
Whilst your employer can “request” that you work on a public holiday you have the right to “reasonably refuse” that request. The following summarises the position in law
If the request is reasonable, an employer may ask their employees to work on a public holiday.
The employer must consider the factors listed below when asking an employee to work on a public holiday:
The nature of your business (including its operational requirements)
- the nature of the work performed by your employees
- your employees’ personal circumstances, including their family responsibilities
- whether your employees could reasonably expect that you might request them to work on the public holiday (for example, your business is open each year on the same public holiday)
- whether your employees are entitled to receive overtime payments, penalty rates or other compensation for work on the public holiday
- your employees’ type of employment (for example, whether they are full-time, part-time, casual or a shift worker)
- the amount of notice you have given your employees in advance about working on the public holiday
- any other relevant matter.
The employer cannot rely on one single factor, but needs to consider all of the relevant circumstances.
An employee may refuse a request to work if they have reasonable grounds.
ANY DIFFICULTIES? PLEASE CONTACT THE UNION OFFICE
