Quote:
Originally Posted by SuzanneC
the employee may have had in excess of 40 accrued holiday leave, whereby the employer can instruct the employee to take upto two weeks leave to reduce the leave entitlement to be paid out. This could be the case with this resignation?  |
I found out since my initial post that he had 5 days leave accrued. When he gave 4 weeks notice the employer instructed him to "immediately" fill in a leave application form for the 5 days accrued leave.
From what I can see the FWA is not very prescriptive about this directing an employee to take annual leave (
link to FWA relevant part)
So unless it is dealt with specifically somewhere else it may need a court to determine whether the "timing of the direction or requirement to take leave" is reasonable.
