Apprentice unfairly dismissed for refusing to work
overtime
The Fair Work Commission has ordered an employer to pay eight
weeks' wages to an apprentice after it found that an employee
was unfairly dismissed for refusing to work additional hours on a
Sunday. This decision is a reminder for employers to carefully
consider whether requests to work additional hours are
reasonable.
When can an employee be required to work additional
hours?
The Fair Work Act 2009 (Cth) provides that an employer
can request or require:
- a full-time employee to work more than 38 hours per week;
or
- a part-time employee to work more than their ordinary hours of
work;
if the request is reasonable.
