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  1. #1
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    Default HELP! Being told to take Annual Leave

    Hey, I am trying to decipher where I stand in this situation.

    I am currently on sick leave due to a procedure I had done on Tuesday. Due to IVF etc, I had to take it as unpaid sick leave which is fine, due to return back to work on Tuesday. I work in a small family run travel agency under the retail award. Their are 4 consultants including myself and the owner and then the manager (owners son).

    However, my boss sent me this message this morning:

    Hi Emily
    How are you? I hope the procedure went well
    As you are aware the virus is forcing many in the travel business to drastically reduce staff costs. The office has not had a single booking all week and we have only been refunding current bookings. We will require you to take a week of annual leave beginning Monday 16 March and we will address the situation next week. Sorry for inconvenience but unfortunately we have no choice
    Please call me if you want to discuss
    Regards
    Mike

    I asked if anyone else is going on leave and he said they will reassess next week. I wasn't the last to be employed and I have just had a week of no pay! Looking at fairwork SA and speaking to someone they suggested they can't make me take my annual leave and can't make me stand down due to lack of work. She then sent me the following links:

    Hi Emily, 

    As discussed, here is the information you require:

    Coronavirus and Australian workplace laws

    https://www.fairwork.gov.au/about-us...workplace-laws

    Directing an employee to take annual leave

    https://www.fairwork.gov.au/leave/an...e-annual-leave

    Pay during inclement weather and stand down

    https://www.fairwork.gov.au/pay/pay-...and-stand-down

    Can anyone please help me understand this crap? I am so stress and been in tears most of the day, worrying about my job especially with an IVF cycle in the near future !

    TIA xx

  2. #2
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    They can’t make you take annual leave, but they can encourage it.

    The reality is a small travel business is going to struggle to survive this. Taking the leave may help them get through a few more weeks and hopefully something turns around by then. Otherwise they are likely going to have to make people redundant or close the business. If that happens everyone loses.

  3. The Following 3 Users Say Thank You to Mod-DJ Nette For This Useful Post:

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  4. #3
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    Pretty sure they can choose to make you redundant due to 'lack of work'. I'd take the annual leave and be happy I was being paid under the current circumstances. You arent being asked to take leave due to having coronavirus or being forced to self isolate, so the coronavirus procedures would not apply.

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    emilyc (14-03-2020)

  6. #4
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    I was on the phone to them today about this aswell not for me but employees of a business I run for others.

    From what they said to me if a business has to shut up shop temporarily during to what is happening then can and they don’t have to pay you at all. If your boss is offering you paid leave for a week I would honestly take it while he has the money to actually pay you.

    The travel industry has been hit hard and there is going to be a lot of businesses closing. Flight centre is closing 100 stores across the country by the end of June.

    Airlines are slashing flights and routes. Events are being cancelled, schools will be forced to closed very very soon.

    It’s a horrible reality not just for the travel industry but all industries

    I was reading on the royal Caribbean forum today staffs contracts are ending sooner rather then later and not being renewed at this stage either so they are sent home to where ever the countries they have come from.

    I think you need to be prepared that the only people that may be working there will be your boss and his son quite soon

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    babyno1onboard (14-03-2020),emilyc (14-03-2020),Izy (15-03-2020),JustJaq (14-03-2020),Mummamania (13-03-2020)

  8. #5
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    Yes, there are legalities, and there are practicalities...

    If you're a member of your union, contact them for advice.

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    Quote Originally Posted by Mod-DJ Nette View Post
    They can’t make you take annual leave, but they can encourage it.

    The reality is a small travel business is going to struggle to survive this. Taking the leave may help them get through a few more weeks and hopefully something turns around by then. Otherwise they are likely going to have to make people redundant or close the business. If that happens everyone loses.
    I probably should've mentioned I am due to take a week of annual leave in 4 weeks time, plus an extra day in 2 weeks. So I am not going to have any leave in 4 weeks as I only have 41 hours built up at this present time. So is their a reason I have to take my leave next week when their are other people that don't have leave booked at all yet?

  11. #7
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    Quote Originally Posted by JustJaq View Post
    Yes, there are legalities, and there are practicalities...

    If you're a member of your union, contact them for advice.
    Not part of a union, but as I mentiomed above, I am due to take 6 days of leave in 4 weeks, so I don't particularly want to use my leave next week when I actually need it in 4 weeks...

  12. #8
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    Not wanting to discount that this is annoying for you but I’d be happy to still have a job and being paid right now if i worked for a travel agency.... if they go bust you may loose your AL and super anyway...

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  14. #9
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    Quote Originally Posted by babybeeno1 View Post
    I was on the phone to them today about this aswell not for me but employees of a business I run for others.

    From what they said to me if a business has to shut up shop temporarily during to what is happening then can and they don’t have to pay you at all. If your boss is offering you paid leave for a week I would honestly take it while he has the money to actually pay you.

    The travel industry has been hit hard and there is going to be a lot of businesses closing. Flight centre is closing 100 stores across the country by the end of June.

    Airlines are slashing flights and routes. Events are being cancelled, schools will be forced to closed very very soon.

    It’s a horrible reality not just for the travel industry but all industries

    I was reading on the royal Caribbean forum today staffs contracts are ending sooner rather then later and not being renewed at this stage either so they are sent home to where ever the countries they have come from.

    I think you need to be prepared that the only people that may be working there will be your boss and his son quite soon
    As I said to others, I am due to take a week off in 4 weeks as we have booked to go away. As it stands I only have 41 hours now. And ideally need it for 4 weeks if I am still there. There are other people in the business that don't have annual leave booked, so preferably I want to wait until I actually booked for time off on the 8th of April?

  15. #10
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    You could ask why others aren’t being asked to take leave and point out your future upcoming leave. However they way things are going another 4 weeks in the travel industry might mean no work for anyone.

  16. The Following 2 Users Say Thank You to Mod-DJ Nette For This Useful Post:

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