Does the 'Grandfather Clause" relevant??

[DanB]

Hi Everyone

Recently we have made some changes to our LSL policy. We have asked an employee to take some LSL and now he is wanting to enforce a "Grandfather Clause".

Understanding that the clause refers to creating an exemption based on circumstances previously existing, (ie previous leave policy) however if it is not mentioned in our Workplace Agreement nor in any policy previous or current - is it something that can be enforced by an employee and can the company refuse?

[Qld IR Consultant]

If the "grandfather clause" was in a previous workplace agreement or policy that he has a copy of then he might (and I mean might in the smallest sense of the word) be able to construct a defence of his position. Highly unlikely it would succeed thought.

It would be my position that unless the clause appears in the current agreement or policy then he has no hope. Be careful of how you have gone about policy change and how you have documented it. FWA has a real thing about consultation with employees about anything and everything.

Also be careful on how you are trying to force employees to take leave too.....

[Tiger]

Changing a policy like this one means you hav to be most explicit in the new policy where the LSL will accrue as per previous (old policy) until changeover date to new policy and that the new arrangements take effect from the new date. You should also stipulate at the start of the new policy that this new policy supercedes any previous policies (on LSL) &/or other documents. Any agreements or employment contracts which reference company policies should also include reference to them changing from time to time anyhow.
To be safe and comfortable you've done it all by the book, I suggest calculating all LSL (for those who have the entitlement) up to cut off date on the old accrual method and then from the new date, based on the new accrual method. This way if you have HR/Payroll staffing changes, there is record in employees' 'files'.
Consultation individually with those who have it and need to take it, should be along the lines of advising them the Act does permit you (employer) to request employees to take it but you do, under the Act, have to give them at least one month's notice but better if you get them to make the decision of when they'll take it as long as it is within a reasonable time frame set by you. If someone is going to take a couple of months off, they may need to plan and if travelling overseas, they might want to take advantage of off season fares etc., so play the nice guy - that will take the edge off fact they they have to take it now and can't use it as a nest egg when they retire.
Sell the taking of it on basis that LSL was legislated all those years ago for a purpose i.e., so people would take recreational breaks and come back to work refreshed - obviously just targetting one employee is not going to be fair so make sure you don't focus on one employee and if a few you may need to think about a schedule in advance of consulting with them so not all are on LSL at the same time.