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Q&A with LHD Lawyers

Unsure if you can make your staff work over this Easter holiday period?

AFTA @ Work March Newsletter

  • Q) I am the manager of a travel retail business. With Easter approaching, I was wondering whether I can make my staff members work on public holidays. Could you please assist me? Gary-Albury


A) The National Employment Standards (‘NES’) covers the LHD Lawyersquestion you have raised. The NES states that employees are entitled to be away from work on public holidays. However, an employer may ask an employee to work on a public holiday provided the request is reasonable. The employee may also refuse the request if such refusal is reasonable. To determine whether a request or a refusal is reasonable, you must consider the following:

  1. The nature of the workplace (including operational requirements) and the nature of the work performed by the employee;
  2. The employee’s personal circumstances (which includes family responsibilities)
  3. Whether the employee could expect the employer to request work on a public holiday;
  4. Whether the employee is entitled to receive overtime or penalty rates;
  5. The type of employment (ie full-time, part-time, casual or shift work); 
  6. The amount of notice given for the request or refusal; and
  7. Any other relevant matter.

If an employee does not work on a public holiday, they must be paid at their base rate of pay for their usual ordinary hours of work on that day. If an employee does not usually work on that particular day however, they are not entitled to be paid.

For more information please contact:

LHD LawyersKayt Hogan
LHD Lawyers Solicitor
LHD Lawyers

Website: http://www.lhd.com.au/


Suite 1, Level 3,
130 Elizabeth Street
Sydney NSW 2000
Tel: 9264-6644

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