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Articles from EDUCATION / TRAINING (185 Articles)
Christmas can be a stressful time for both employers and employees when it comes to HR matters
Your top five Christmas HR questions answered
Posted December 14, 2010 |
As Christmas approaches, HR management can become more complicated than ever with holiday requests, extended work hours and stressful trading periods.
Here, online employment law expert Workforce Guardian provides answers to some of the most-asked questions that could be giving retailers a headache in the run-up to the festive holidays.
1. Can I refuse an employee’s requests for holidays?
Yes, if an employee asks to take holidays and it’s not convenient to the business, then you can refuse the request as long as it’s ‘reasonable’ and in compliance with the National Employment Standards (NES).
2. Can I ask my employees to work on public holidays?
Yes, you may ask your employees to work on a public holiday but they may refuse if your request is ‘unreasonable’.
However, the nature of your workplace and the employee’s personal circumstances - including family responsibilities - need to be taken into account. Again, refer to the NES for more details.
3. Can I ask my employees to take their holidays when it suits my business?
Yes, provided you give the right amount of notice, you can ask your employees to take some of their holidays when it is convenient to the business.
Likewise, you can usually restrict the amount of annual leave employees can take in busy periods.
4. Can I close my business over the Christmas/New Year period?
Yes, provided you give your staff the right amount of notice prior to the close down. If you haven’t already given notice, it's probably too late now for this year’s Christmas period. Carefully check your Modern Award for further information.
5. What are the declared public holidays over the Christmas period?
Christmas Day, Boxing Day and New Year's Day all fall on weekends this Christmas. So the states and territories have all come up with their own mix of substitute and additional days, with some states declaring an extended public holiday period from December 25 to Tuesday December 28 (inclusive).
To find out the rules in your particular location, consult Workforce Guardian’s Christmas public holiday chart.
For more information on the queries above, retailers can download Workforce Guardian’s National Employment Standards information pack (hyperlink to: http://www.workforceguardian.com.au/info-packs).
Workforce Guardian is an Australian-based employment relations subscription service for businesses. It provides advice and support in accordance with the Fair Work Act 2009, Modern Awards and Enterprise Agreements.
DISCLAIMER: Workforce Guardian’s article is intended to provide commentary and general information. It should not be relied upon as legal advice. Neither Workforce Guardian Pty Ltd nor Jeweller magazine is responsible for the results of any actions taken on the basis of information in this article.
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