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Section : What are reasonable grounds for requesting or refusing to work on a public holiday?
Domain : Human Resource Management
Classification : Not Identified
Text Content
In determining whether an employer's request or an employee's refusal to work on a public holiday is reasonable, the following must be taken into account:
- the nature of the employer's workplace (including its operational requirements) and the nature of the work performed by the employee
- the employee's personal circumstances, including family responsibilities
- whether the employee could reasonably expect that the employer might request work on the public holiday
- whether the employee is entitled to receive overtime payments, penalty rates or other extra payments
- the type of employment (for example, fulltime, part-time, casual or shiftworker)
- the amount of notice in advance of the public holiday given by the employer when making the request
- the amount of notice in advance of the public holiday given by the employee in refusing the request
- any other relevant matter.