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With full time employment, can an employer take annual leave

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
  • Solicitor
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Customer Question

With full time employment, can an employer take annual leave off you when it is a wet day and there is no work. Shouldnt they bw paid the normal 8 hours without having to use their leave?

 

Optional Information:
State/Territory: Victoria

Already Tried:
Looking at the labour dept website.

Submitted: 276 days and 23 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Sydney-Lawyer replied 276 days and 22 hours ago.

Good Evening,


What industry are you in?

Are you under an award?

Customer replied 276 days and 21 hours ago.

Industry - Water truck operator,mainly on construction projects.


Not under an award or a contract

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Expert:  Sydney-Lawyer replied 276 days and 21 hours ago.

Good Evening,


What is the standard in your industry, if the weather does not permit people to work do they continue to be paid or are they placed on leave without pay?

How much annual leave her view accumulated?

Customer replied 276 days and 21 hours ago.

Other water truck operators we know, are employed on a casual basis, so dont get paid when there are wet days. I am permanent full time and have been for over 6 years with this company.


When the wet season started, had accumulated 3-4 weeks leave, now it is being reduced very quickly

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Expert:  Sydney-Lawyer replied 276 days and 21 hours ago.

Good Evening,


Over the 6 years you have been with the company what was the practice on days where you were unable to work?

Customer replied 276 days and 10 hours ago.

If rainned off paid an 8 hr day. If no work for the whole day, still paid 8 hrs. Its only now that theyve taken annual leave off as the wet season has gone on for ages. All the trucks are parked up with no work for them and I guess the business is not doing so well

Accepted Answer

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Expert:  Sydney-Lawyer replied 276 days and 9 hours ago.

Good Morning


If you turn up for work they have to pay you. You cannot be disadvantaged because of the weather.

It is a matter where they would have to get your agreement to this arrangement.

If you do not agree then you are entitled to your annual leave back for the days that they have deducted it.

It is a matter where you have to discuss this with them and if they will not agree, have the matter taken to the Fair Work Ombudsman.

It can be leave without pay but you have to be advised that there is no work and that you are not required to come into work and not be paid.

http://www.fairwork.gov.au/Pages/default.aspx

Usually in the building industry they are sub contractors and they only get paid the days that they work. Being a full timer you would be one of the few.

It is a matter that you have to discuss with them and if they say it is the law ask the to provide you with a copy of the Award they are referring to and the section they rely on.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16660
Answered: 7/11/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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