Employee work rights: is it legal for employers to send people home early?

Alley Cat on 09/06/2014 - 21:10

Hi wise people of ozbargain,

I've got a question about employee work rights.

My friend is a student working in hospitality, and today is a much-anticipated public holiday (double pay). She went in expecting a six-hour shift, but to her disappointment, her boss sent her home after three hours because it's too quiet. Needless to say, she was pissed, and my question is, can employers send workers home even if they had previously scheduled shifts for them (and the schedule was sent out about a week ago)? She works casual.

Thanks in advance.

Education & Work

Comments

  • Unorthodox on 09/06/2014 - 22:09

    First off, I don't see why your friend should be 'pissed off' unless the employer told her in a rude way to leave.
    It's a public holiday and penalty rates will be a big annoyance to all employers,so asking an employee to leave/end their day's work because business is slow should not be met with such a hostile attitude.

    Now on to the legal part.

    The employer CAN send a casual worker home early as long as they have/are paying for the minimum shift length agreed in the orginial contract.

  • mskeggs on 10/06/2014 - 07:44

    This is covered in the relevant award. It isn't a bad idea to read through the award in its entirety. Your friend might discover she is being mispaid or some other item.

  • rambutann on 10/06/2014 - 13:03

    I work at most of the larger venues in and around Melbourne (MCG, Etihad, Rod Laver, Hisense Arena, Caulfield Racecourse and Flemington Racecourse) and I'm telling you now that is absolutely normal.

    I've had shifts that have ranged massively. I've worked a scheduled 4 hour shift and ended up working for 10 hours. At the same time i've had a 5 hour shift and ended up working 2.5 hours (no 3 hours is not always the minimum, it depends on the wage structure).

    The times one is scheduled to work should only be used as a guide. I myself worked yesterday at the MCG and only got 3.5 hours work which was half an hour longer than I expected as they were paying over $50 an hour. If your friend is in a similar situation to myself, tell her to never pay attention to the end time.

    • [Deactivated] on 10/06/2014 - 16:13

      that is absolutely normal.

      But is it legal? (genuine question)

      • rambutann on 10/06/2014 - 16:26

        Yes, as Ban Slavery said, as long as you have been paid for the minimum amount of time you must be paid for (Varies from 1 hour - 3 hours depending on the industry)

  • triviums on 11/06/2014 - 13:34

    Surely it should be legal as long as the employer isn't marginalising a particular employee for an absurd reason. There are many situations that I can think of, that it wouldn't be realistic to have a normal number of staff working.

  • Aids on 13/06/2014 - 13:45

    Welcome to hospitality, it used to be 3 hours min, but I'm pretty sure it's changed to 2.

    • tonyjzx on 19/06/2014 - 21:18

      glad i dont work hospitality

      we get paid whole day even if only working half

  • Alley Cat on 17/09/2014 - 02:26

    Thanks for all the replies (and sorry I forgot to post back), I guess it's time to teach her to code and move to IT :)

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