Working on Public Holidays

December and January have a number of days that are deemed public holidays in Tasmania. These include Thursday 25 December, Friday 26 December, Thursday 1 January and Monday 26 January.

The Fair Work Act provides that an employee is entitled to be absent from the workplace on a public holiday. However, an employer is allowed to request an employee to work on a public holiday if the request is reasonable, and the employee can refuse the request if the refusal is reasonable.

So what is a reasonable request? This will take into account,

1. The nature of the employer’s business, the operational requirements and the nature of the employee’s role.

2. The employee’s personal circumstances including family responsibilities.

3. Whether the employee could reasonably expect to work on the public holiday.

4. Whether the employee is entitled to additional compensation.

5. The amount of notice given by the employer in making the request.

6. The amount of notice given by the employee in refusing.

If you require an employee to work on a public holiday you should start discussions with your employees as soon as possible to avoid problems closer to the date.

And if you missed the last newsletter’s advice about providing safe Christmas parties you can catch up by clicking here.