Navigation 

Your questions answered: Can we direct a retrenched employee to take annual leave?

By Portner Press on October 19th, 2018
  1. Employee Management
  2. Leave Provisions

 

Q
An employee’s position has been made redundant and they have a 3-month notice period under their employment agreement.

During that 3-month period, can the employer direct the employee to take annual leave to reduce their leave accrual and the amount payable to them upon cessation of their employment?

 

A
Generally, an employer is unable to direct an employee to take annual leave during their notice period to reduce their entitlements on termination of employment. However, you may like to review the employee’s employment contract, relevant award or enterprise agreement to determine when you may require an employee to take annual leave.

Would you like instant access to the lawyers at the Workplace Helpdesk?

Subscribe to the Employment Law Practical Handbook today and enjoy free, unlimited professional legal support.

Find out more.

 

 





Related Articles: