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Hi, I have given the companys required two weeks notice to

 
christhelawyer's Avatar
  • Answered by:christhelawyer
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Hi, I have given the company's required two weeks notice to get 2 days off on July 2nd & 3rd to deal with matters of my recently deceased fathers estate, but this has been denied due to someone else being away. I reapplied for a different day and was told that in actual fact no, it was a work in progress problem, so no time off allowed. I have checked our work schedule and I am free of work, as are one or two of the others during this period - two weeks out. We are a team of six covering the same roles in my area of the business.
FYI: I had my anniversary date roll over on June 10, but was not told that I had 3 days AL owing to me.
I can't help wondering if Iam being punished for taking two lots of bereavement leave in the past six months, for my father and grandmother?

 



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I tried changing the day off required. Now I have cancelled attendance to a company dinner in order to drive down, to meet auctioneer and pack up into a truck, on the weekend. I did explain the circumstances, but was told to camel truck and check with company first in future.

Submitted: 300 days and 4 hours ago.
Category: New Zealand Law
Value: NZ$123
Status: CLOSED

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Expert:  christhelawyer replied 299 days and 23 hours ago.


christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

This employer is not being fair to you. The Holidays Act says when you can take holidays. At section 18 it says "Taking of annual holidays(1)An employer must allow an employee to take annual holidays within 12 months after the date on which the employee’s entitlement to the holidays arose.(2)If an employee elects to do so, the employer must allow the employee to take at least 2 weeks of his or her annual holidays entitlement in a continuous period.(3)When annual holidays are to be taken by the employee is to be agreed between the employer and employee.(4)An employer must not unreasonably withhold consent to an employee’s request to take annual holidays."

christhelawyer :

What this means is that if you are entitled to take some of your holidays, and give reasonable notice, then they must allow you to take the days. In your situation, they should have given you leave. The question of what to do about it is more difficult. You would have to raise a personal grievance, and it appears that the employer has an attitude about holidays. But you are correct in my view

Expert TypeLawyer
Category: New Zealand Law
Pos. Feedback: 98.1 %
Accepts: 7784
Answered: 6/24/2012

Experience: LLB MMgt FAMINZ 32 years qualified as lawyer

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