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Employment law/stat hol help?

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Topic: Employment law/stat hol help?
Posted By: tictacjunkie
Subject: Employment law/stat hol help?
Date Posted: 13 December 2010 at 9:16am
I've tried looking on the "proper" sites but either I'm blind or there's nothing there. DH will be working from 24th Dec through til thurs the friday after New Years, so he'll be working all the Stat days. My question is- I know he gets a day in lieu for working the actual days, but does he get days in lieu for working the day "observed" as well? i.e he's working Christmas Day, boxing day, then the monday & tuesday, does he get 2 days in lieu or 4? (& the New Year's bit too?). Thanks.



Replies:
Posted By: tictacjunkie
Date Posted: 13 December 2010 at 9:20am
By the way, he's not trying to get more from his employer than what he's entitled too, just making sure he gets it if he is entitled. And I've had my brain (& other peoples) doing flipflops trying to figure it out.


Posted By: Mucky_Tiger
Date Posted: 13 December 2010 at 9:38am
if he normally works sat and sun he will get the day in lieu for them days.
if he normally works monday-friday then he will get them for the observed days.

you cant get them twice.

so he will get 25th,26th, 1st, & 2nd at time and a half (or double pay - depending on his contract) and 4 days in lieu total


Posted By: monkeys
Date Posted: 13 December 2010 at 9:44am
As Mucky Tiger said, the stat days are given for the day you are normally rostered to work :-)

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3 little Angels July 10, May 11, Apr 13


Posted By: tictacjunkie
Date Posted: 13 December 2010 at 10:22am
Hmm, he normally works every second weekend & has swapped with someone who wanted new years off, so he would normally be working all those days, hence the confusion. 4 days total is still pretty cool though, considering he didn't want to spend christmas with my family anyway (neither do I, lol), & we haven't done new years for about 10years either.


Posted By: tictacjunkie
Date Posted: 13 December 2010 at 10:26am
I suppose looking at it from another angle everyone else would only be entitled to two days off for christmas, so why should he get 4? That makes sense doesn't it?


Posted By: amme_eilyk
Date Posted: 13 December 2010 at 10:37am
you get the working day or the observed day, not both.


Posted By: tictacjunkie
Date Posted: 13 December 2010 at 11:08am
Cool, thanks everyone, =), I swear the starter motor in my brain just doesn't work anymore! =)


Posted By: HoneybunsMa
Date Posted: 13 December 2010 at 1:23pm
I see you've got your answer. Just wanted to add its normally written in the contract. I know I normally do that. if you happen to be rostered on for this time period and it falls on sat/sun then you only get paid for the actual day.

I've always worked restaurants/retail where holidays aren't mondayised

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Posted By: Kalimirella
Date Posted: 13 December 2010 at 7:04pm
I just think the observed holiday bit is stupid. However if your Dh isn't usually working the weekend of the new years, it could be argued he only gets 2 days in lieu for christmas.

On the observed stuff, why did we ever need that to come in? the days change every year and out of every 7 years 4 years are going to fall on a weekday.

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Posted By: monkeys
Date Posted: 13 December 2010 at 7:10pm
I kinda agree Karimella but then this year I would feel rather ripped off, as we wouldn't get long weekends for xmas or new year, and then Anzac day falls on easter so don't get that either so we would essentially lose about 1/2 our public holidays.

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3 little Angels July 10, May 11, Apr 13


Posted By: Nutella
Date Posted: 13 December 2010 at 7:47pm
it would suck if didn't have the observed days...public holidays rock haha!

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Oct 11


Posted By: tictacjunkie
Date Posted: 14 December 2010 at 1:32am
Lol, wait til they change it in a haze of political correctness to people being able to pick & choose which religious holidays they observe, e.g Jewish, Islamic etc. DH just wants to know how long he'll be able to take off to put in a ranchslider, bit hard to get diy done when he doesn't get any time off. I get annoyed with the whole garden centre Easter thing. Not so much that they get fined/can't open etc, but that every single year it's a leading story on the 6 o'clock news!?


Posted By: jaz
Date Posted: 16 December 2010 at 6:43pm
He may end up with none of them though, if he's swapped with someone. If they are a seven day a week operation they won't transfer the holidays from Saturday and Sunday to the Monday and Tuesday. If he isn't usually rostered to work on the Saturday (New Years Day) he should just get paid normal time.

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