It has been an uncertain year and it is coming to an end with the holiday season fast approaching.
Now’s the time to start preparing and checking Employment Rules.
TASMANIAN PUBLIC HOLIDAYS FOR 2021 IN TASMANIA
- Friday 1 January (New Year’s Day)
- Tuesday 26 January (Australia Day)
- Monday 8 February (Royal Hobart Regatta – only observed in certain areas of the state)
- Monday 8 March (Eight Hours Day)
- Friday 2 April (Good Friday)
- Monday 5 April (Easter Monday)
- Tuesday 6 April (Easter Tuesday – generally Public Service only)
- Sunday 25 April (Anzac Day)
- Monday 14 June (Queen’s Birthday)
- Tuesday 2 November (Recreation Day – all parts of the state which do not observe Royal Hobart Regatta)
- Saturday 25 December (Christmas Day)
- Monday 27 December (Additional public holiday for Christmas Day)
- Tuesday 28 December (Boxing Day – substitute day as Boxing Day falls on a weekend)
For more information on Public Holidays in Tasmania (eg. regional holidays), refer link for WorkSafe Tasmania
A reminder that the National Employment Standards protects an Employee’s right to reasonably refuse to work on a Public Holiday.
Requesting and Refusing to Work on Public Holidays
Employees don’t have to work on a Public Holiday. However, an Employer can ask an Employee to work on a Public Holiday, if the request is reasonable. An Employee may refuse a request to work, if they have reasonable grounds.
The following needs to be taken into account, when deciding if a request is reasonable:
- the Employee’s personal circumstances, (eg. family responsibilities)
- whether the Employee will get more pay (eg. penalty rates)
- the needs of the workplace
- the type of work the Employee does
- whether the Employee’s salary includes work on a public holiday
- whether the Employee is full-time, part-time, casual or a shift worker
- how much notice the Employee was given about working
- the amount of notice the Employee gives that they refuse to work.
Employers who have Registered Agreements
Unless your Registered Agreement states specific dates for Public Holidays, the attached list of Public Holidays will apply.
Ensure you follow the Terms and Conditions of your Registered Agreement in relation to pay rates, penalties and preferred hours of work.
Registered Agreements are to be read in conjunction with, and must not be less favourable, than the NES.
WORK RELATED SOCIAL EVENTS
We have prepared an Information Sheet for Employees, on the standards of behaviour expected of them at work organised functions.
It is also important that Employers have reliable arrangements to ensure alcohol is served responsibly, and Employees properly supervised. Please contact us if you wish to discuss further, or if you require a copy.
Work Christmas parties will be different this year depending on COVID restrictions on crowd size and social distancing. When arranging a work function, Employers first need to ensure any plans comply with current state-based restrictions or recommendations.
TAKING OF ANNUAL LEAVE DURING CLOSE DOWN
The right of an Employer to send an Employee on Annual Leave during a close down, depends on the Terms in their applicable industrial instrument (e.g. Modern Award or Registered Agreement).
In some industries, an Employer may be required to give extended notice to Employees, to close down the business.
It is common for Employers in many industries, to close their business down over the Christmas/New Year period – because of a seasonal slowdown or business suppliers or customers are also closed down, or the majority of staff may wish to take Annual Leave during this period.
TOO MUCH ANNUAL LEAVE – DIRECTING AN EMPLOYEE TO TAKE EXCESS LEAVE
Employers sometimes find Employees have accrued large amounts of Annual Leave and do not seem inclined to reduce the accumulation of Leave.
What can Employers do?
In certain circumstances, an Employer can direct an Employee to take Annual Leave. Refer to the applicable Modern Award or Registered Agreement for Terms that require an Employee to be directed to take Annual Leave. The requirement must be reasonable. Reminder that, the Registered Agreement’s Terms cannot be less favourable than the NES.
TASMANIAN LONG SERVICE LEAVE ACT
From 1st July 2012, the Long Service Leave Entitlement is 8 and 2/3 weeks of Paid Leave after completing 10 years ‘Continuous Employment’.
Casual Employees are entitled to Long Service Leave Entitlements, once they have completed 10 years ‘continuous Employment’.
An Employee may have an Entitlement to pro rata Long Service on Termination of Employment, after completing 7, but less than 10 years of ‘Continuous Employment’.
We have prepared an Information Sheet on Long Service Leave for Casual Employees, contact us if you require a copy.
LEAVE ENTITLEMENTS ETC.
Minimum Leave Entitlements for Employees come from the NES.
Please contact us if you have any queries in relation to:
- Annual Leave and Annual Leave Loading
- Personal/Carer’s Leave
- Rostered Days Off
- Time off in lieu
- Family & Domestic Violence Leave
Shift Workers may get up to 5 weeks of annual leave per year.
An Award, Registered Agreement or Contract of Employment can provide for other Leave Entitlements, but they cannot be less favourable than the NES.
We recommend Employees are provided with a Leave policy, to ensure they are clear about how your business deals with Leave and to avoid confusion. Contact us if you require Assistance in preparing a Leave Policy.
If you need any Advice on the above mentioned, or any other Employment related matters, please don’t hesitate to contact us.