Forced to Use Annual Leave and Maybe without Work. Is This Even Legal?

Ljackthefrost on 05/08/2017 - 06:57
Last edited 05/08/2017 - 07:09

Hi to everyone, my name is Jack. It is my first time posting in this part of the forum. Really hope you guys can help me out.

I work in retail as a shop assistant for an organisation which has many outlets across NSW. I am recently informed that the store that I work at will undergo renovation that can span a few months. The reasonable thing you'd thought is they would assign the staff to other different stores until this renovation is over and the store reopen for business. However, I was told by my manager that we might be without work during this period and might be forced to use up our annual leave on this period..??

I think it is ludicrous and unfair. Why are we forced to take leave for things beyond our control (sudden renovation)? Why are we denied work when we have many other stores around? How do I sustain myself? Pay my bills? Support my parents.. For something out of my control?

It is very concerning issue for me and I appreciate your advice. Thank you for reading this.

Education & Work

Comments

  • Chewie on 05/08/2017 - 07:27
    +4

    Check with your union rep at SDA (I think that's your union…? )

    I don't know about the impact of major renovations on retail employment, but when the store I worked at a closed down, they redeployed staff. This was back in 1998 though…

  • Euphemistic on 05/08/2017 - 07:40
    +1

    You would hope that the other stores would have correct staffing levels. Redeploying to a store with full staffing is going to result in one of two things: forcing others to take leave/reduce hours or pointless busy work.

    Check with your award and union. I don't think it would be unreasonable to plan a renovation and ASK employees to take leave. The construction industry largely shuts down over the Christmas period forcing leave. School teachers must take normal annual leave during school holidays.

  • jackthefrost on 05/08/2017 - 08:05
    -5

    I am not part of a union… because I have heard mixed reviews about union not able to do much for the workers.

    And major renovation is going to take months.. I only have about 100 hours of leave. How do I even support myself? pay my rent? I really worried. :(

    • PVA on 05/08/2017 - 11:55
      +5

      Well join your union right now, because you heard wrong.

      Also contact fair work Australia.
      I assume you are full time, casuals would be just given zero hours.

    • arcticmonkey on 05/08/2017 - 13:27
      -1

      "I am not part of a union… because I have heard mixed reviews about union not able to do much for the workers."

      And what do you think whining on an internet forum is going to do, little boy?

      http://www.theage.com.au/comment/tough-rules-on-unions-have-…

    • hm on 05/08/2017 - 16:14
      +1

      Unions - no thanks

  • Grande Kintama on 05/08/2017 - 08:12
    +6

    Ring fairwork and see what they say. https://www.fairwork.gov.au/contact-us

    • original15 on 05/08/2017 - 08:40
      +2

      This. Definitely call up. It's an interesting scenario. Closing for a few months is pretty excessive, what type of retail if you don't mind me asking? If you have hours guaranteed in your contract (sounds likely given you have annual leave) then I feel they're going to have to come to some kind of arrangement

      Given the company has multiple stores and it sounds like it's by no means a small renovation then it must have been planned for a while and they would have had to think about this SURELY. Your statement above "told by my manager we might be out of work and we might have to take leave" is very non commital from the manager, so I'd politely ask if they had more information around the business' plan for staff.

      • jackthefrost on 05/08/2017 - 13:58

        Thanks for anyone genuinely trying to help. I will definitely give them a call early next week.

  • thatonethere on 05/08/2017 - 08:27
    +3

    Maybe ask the head office directly (or the nearby store managers) for a temporary assignment? If you are ok to good they must need fill in elsewhere.

  • ihbh on 05/08/2017 - 08:42
    +6

    Start looking for other job opportunities, including those the might coincide with the renovations time - it might help you switch jobs/careers or provide 2 job opportunities.

  • Tee Rex Arms on 05/08/2017 - 09:52

    Full time employment? 100 hours doesn't sound like much accrued leave, how long have you been employed there in your current position?

    • jackthefrost on 05/08/2017 - 11:41

      I was casual only changed to PT 11 months ago.

  • bargainbot12 on 05/08/2017 - 10:12
    +1

    Think it would be best to speak directly with national office on this one.

  • CyberMurning on 05/08/2017 - 10:29

    Probably similar case with all those shops near wynyard station in Sydney they need to close due to station renovation. Sad.

  • chumlee on 05/08/2017 - 10:46
    +1

    Start with a Google search til fairwork opens on Monday

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

  • kerfuffle on 05/08/2017 - 11:01
    +2

    They should redeploy you to other stores while renovations are going on at your department/store and your department is closed down.

    • [Deactivated] on 05/08/2017 - 11:15
      +2

      especially if ur full-time, surely there's casuals working at other stores which u can replace.

      • DemocracyManifest on 05/08/2017 - 15:04

        People are always going on leave etc better than 0 hours

  • JimmyF on 05/08/2017 - 11:15

    Are you full time, or are you casual or are you part time? This is the key bit to what your answer will be

  • Donaldhump on 05/08/2017 - 11:28
    +1

    If you full time/part time you have to be paid, if you haven't enough leave for the gap, they can't not pay you.

    whether they can force you to take your leave or not is iffy, but as far as I am concerned it's your leave , you use it when it suits you not them, maybe with the exception of Xmas if a work site closes.

    If your casual, you have no security here, and get paid extra per hour to compensate this.

    You could Wait till they reopen and blaze through all your sick days, take a steaming terd in their toilet and walk out in the middle of a shift

  • cupcake on 05/08/2017 - 11:39
    +1

    Contact an accredited specialist in industrial and employment law. Let me know if you need a referral.

  • jackthefrost on 05/08/2017 - 11:40
    +1

    I work part time and I have been with the company for 4 years

      • Donaldhump on 05/08/2017 - 15:04
        -1

        RSVP is so 1990, you need to get on elite singles

    • JimmyF on 05/08/2017 - 15:39

      Ok part time, they then need to pay your minimum hours as per your contract once your holidays are used up.

      If thats 16hrs a fortnight, then thats all they have to pay.

  • Love a bargain on 05/08/2017 - 12:31

    Check your award and check with Fair Work.

    I was in a similar situation not so long ago. Was made to take annual leave (with the end date kept being pushed out every few days, & turned out to be about 2-3 weeks) because of the IT system has completely crashed. I thought that's very unfair (esp I didn't know how long it'd hope for and couldn't even sneak in a holiday since my annual leave was gonna be used up anyway) and looked up fair work's website (or the fait work act) but only to find that it was legal in my situation.

  • doofus on 05/08/2017 - 14:07

    Kmart at Westfield Kotara?

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