It should go without saying that employees should apply for
leave and have it approved by their employer before booking any
flights, accommodation, tours or activities. But what happens if an
employee applies for leave after they've booked, or disregard
your leave rejection and take time off anyway? Businesses have
policies outlining what an employee needs to do before they take
that overseas trip, have a day off for some RnR, or can also
specify periods where leave will not be granted, such as Christmas
and around the New Year.
In
Innes v Central Milk Supplies [2019], the Fair Work Commission (FWC) found
the employer was justified in terminating an employees'
employment because he knew about the company's prohibited leave
periods, and could have made alternate arrangements but chose to
ignore the policies and go on leave, despite the company's
written rejection and knowing that his absence could result in
termination.
