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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Further to my last question regarding leave. I have a

Customer Question

Further to my last question regarding leave. I have a situation where - as previously stated - we requested that a staff member take some annual leave due to having NO work - as we are currently experiencing a down turn in the installation side of our business. this employee agreed to take the annual leave - and also signed a leave request form to verify this agreement. this action was requested as an effort to avoid redundancies in the short term (and this appears to have been effective). Now the employee has come back to us and demanded that the annual leave be reimbursed as he has decided that we cannot request an employee takes annual leave on the basis of having NO work. i have explained to him - that whilst having NO work may have been the reason we requested that he take the annual leave - the fact is that the annual leave was taken by MUTUAL AGREEMENT - and that such agreement is in writing. Can you please advise me if i am correct in this matter - or do i need to reimburse this annual leave???
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.If you have no work and he wants it back then his only options is to accept a redundancyYou did not force him to take the annual and he agreed. I hope you have something in writing?