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ARTICLE · 16 JUNE 2020

Unreasonable refusal – it is time to take some leave

Bartier Perry Solicitors
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Under temporary laws which support business continuity, employees need good reasons to refuse leave requests.

AustraliaEmployment and HR
James Mattson
James Mattson
Hannah Dawson (Formerly With Bartier Perry)
Hannah Dawson (Formerly With Bartier Perry)
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In response to the COVID-19 crisis, new provisions were introduced into the Fair Work Act 2009 (Cth) to support business continuity and job security for employees. Along with the jobkeeper scheme, the FW Act now permits qualifying employers to request eligible employees to take annual leave. But can an employee refuse such a request?

Two recent decisions of the Fair Work Commission supported the employer's request for employees to take annual leave preferring longevity of the employer's business rather than protecting an employee's leave balance and future holiday plans.

The leave request

Section 789GJ(1) of the FW Act provides that an employer that qualifies for jobkeeper can, in respect of an employee entitled to jobkeeper payments:

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