Hello,
I have an issue with my employer where they were not paying me (and other staff) the correct penalty rates and in my case, non payment of leave loading. While I was able to finally convince them of my correct entitlements under the Award for the penalty rates and loading and they have agreed to back date my pay, they are now stating I owe them eleven days worth of annual leave because they had given me (and everyone else) an extra day of annual leave when ever we were not scheduled to work on a day that was also a public holiday (rotational shift worker) because this entitlement is not given under the Award.
There is no formal written agreement for this benefit.
They are making this retraction a condition for the back pay.
They initially wanted the eleven days taken from the monies owed rather than the accrued leave I have stored.
Can they retroactively claim back a benefit they offered several years later, simply because it was never in the Award?
What information can I show them to shows this is not right?
I have an issue with my employer where they were not paying me (and other staff) the correct penalty rates and in my case, non payment of leave loading. While I was able to finally convince them of my correct entitlements under the Award for the penalty rates and loading and they have agreed to back date my pay, they are now stating I owe them eleven days worth of annual leave because they had given me (and everyone else) an extra day of annual leave when ever we were not scheduled to work on a day that was also a public holiday (rotational shift worker) because this entitlement is not given under the Award.
There is no formal written agreement for this benefit.
They are making this retraction a condition for the back pay.
They initially wanted the eleven days taken from the monies owed rather than the accrued leave I have stored.
Can they retroactively claim back a benefit they offered several years later, simply because it was never in the Award?
What information can I show them to shows this is not right?