Awan-Legal : Hi
Awan-Legal : You are well within your rights to refuse annual leave and this unauthorized pay as by law he is required to give you twice the notice of the holiday required (hence two weeks notice for a one week holiday) and you can then refuse one week before a week's holiday.
hi there, he has given required notice and i told him the same day he couldnt have it but what can i do if he does not turn up for work that particular week?
Awan-Legal : He can raise a grievance for not having the holiday granted but as long as it is reasonable for you to refuse this request for business need, it is unlikely he would be successful in a subsequent unfair dismissal claim arising from this.
sorry, just so i am clear if he does not show up are you saying it could be a sackable offence?
Awan-Legal : You would need to assess whether in all the circumstances it would be reasonable to dismiss him on this basis as it can get complicated if the case goes to the tribunal.
Awan-Legal : You would need to show that there was a real business need for him to be available that week, which could not be covered elsewhere and would have caused you economic loss.
Awan-Legal : This article Is helpful:
Awan-Legal : http://employmentlawandhr.wordpress.com/tag/unauthorised-absence/
ok thats fine we have had other problems with this employee very minor things but on a regular basis and as yet no warnings we are normally easy going but this has upset us as its a total disriguard of our requests would you say it is advisable to issue a warning for previous issues and also for refusing to come in that week?
Awan-Legal : Yes have a meeting with him and discuss all your concerns.
Awan-Legal : Then issue a warning.
how does that work? am i right in that we have to issue a verbal warning and then two written warnings
Awan-Legal : Yes that is correct - this should help:
Awan-Legal : http://www.workplaceinfo.com.au/termination/unfair-dismissal/employee-warnings
thank you this is all really helpful. the business has been going for 25 years and this is the first time we have ever had any problems with employees and had to find out all sorts of information. they dont make it easy on the employer these days do they! :-)
Awan-Legal : Thank you. No not at all but hopefully you will be prepared to deal with it following the legal procedure. Good luck and hope it all sorts out!
thank you very much this has been very helpful.
Awan-Legal : My pleasure. Good luck with it all.