The National Employment Standards state that employees are entitled to be absent from work on public holidays unless there is a reasonable request to work. Employees are required to be paid on public holidays, despite absence from work. Remuneration is to be at the employee's base rate of pay for ordinary hours. If there is an unreasonable request by an employer to work, it may be refused by the employee.
The Fair Work Act indicates that the reasonableness of a request to work on a public holiday is determined by:
- Nature of workplace and work performed
- Employees personal circumstances
- Whether employee could reasonably expect that the employer would request work on that day
- Whether employee is entitled to receive overtime payment.
- Type of employment (casual, part/full time).
- Amount of notice given by employer
- Amount of notice of refusal by employee
How can Prime Lawyers help you?
At Prime Lawyers we have acted for many satisfied employers and employees in recent times. Our employment lawyers keep up-to-date with this rapidly changing area of law. If you feel that you are not being appropriately remunerated with public holiday pay or if you have any other employment law enquiries, feel free to contact us on (02) 9521 2222 to speak to one of our experienced employment lawyers. You can also send your enquiry online now and we will contact you shortly.