It might pay to get in touch with Fair Work, and just clarify with them where you stand.
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30-10-2013 10:20 #21
30-10-2013 10:25 #22
However if you're not planning on returning, I'd just give my notice as per my employment contract, finishing up on the day I wanted to finish, not the date she is dictating.
Regarding the AL, if this is a particularly busy time of year, they're entitled to decline your leave if it is reasonable to do so (I.e. They couldn't say "July is the only quiet month so that's the only time you can take leave"). If you can't take the leave before you finish up, it will be paid out when you leave.
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Little Miss Sunshine (30-10-2013)
30-10-2013 10:28 #23Senior Member
- Join Date
- Jun 2009
Ask her to put her request to you in writing,that would be my first step.
Then take the request to fair work aust and see what they say.
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30-10-2013 13:38 #24
As has already been said - An employer can deny a request for AL on "reasonable business grounds"
My question is - is denying a request for AL, under all the same circumstances (bar pregnancy) normal for this business? Would she deny the request if it was the person you're job sharing with if they asked under the same circumstances, again except being pregnant?
If so it would be considered reasonable as it is usual for the business to have all hands on deck at that time of year. Or other similar business grounds.
If not - they're being unreasonable thus acting illegally and a call to fair work is a good idea.
As for the request for your resignation.. Check your contract (if you have one) as she may be trying to get out of severance or termination pay by you resigning rather than having to fire you...
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