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Answered in 11 hours by:
3/10/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening,
you are entitled to take personal leave but it has to be agreed with your employer.
If he doesn't really give you sick leave/personal leave for the time you could not work then unfortunately you have become a part-time employee.
Under the annual leave act it says if you're ours are not fixed and you don't work the same number of hours each week then your annual leave is calculated on the last 4 weeks or the last 6 months whichever is the greater.
If you wish to dispute within you can lodge a complaint with fair work Australia and have them determine what your entitlements are.
http://www.fairwork.gov.au/complaints/mediation/pages/default.aspx
I hope this is of assistance and if so please click on the except button.
Good Evening,
If they are prepared to give you the personal leave as the reduction in your hours and then you are entitled to be paid your 40 hours per week for annual leave.
If you have had time off without pay any has been consistent over the last few months then effectively you may have changed your status from full-time to part-time and therefore the calculation for annual leave would be based on the last 4 weeks or the last 6 months whichever is the greater.
Because there is a dispute between the 2 of you in relation to this and they have not paid you 40 hours per week even though you worked less then it may be a manner that has to be taken to fair work to decide.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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