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QLD Cashing Out Annual Leave Hours - Employer's Obligation to Pay?

Discussion in 'Employment Law Forum' started by nate p, 7 September 2015.

  1. nate p

    nate p Member

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    Hi I was recently asked to take annual leave by my manager as I had accumulated about 300 hours. I was also advised that I would be able to "cash out" the equivalent of leave taken, i.e. I took 110 hours annual leave, I could also cash out an extra 110 hours leaving 90 hours leave remaining. I thought this would be a good incentive to get some things repaired around the house that I had been putting off. So I gave them my leave form and stated the amount of hours i wish to take etc.

    On the day of my payday, I was expecting this extra cashout money but all I got was a very rude email stating this cash out option was not available, and quoting advice from the Fair Work Australia website with regard to cashing out annual leave. In talks with my manager and explaining my situation as to where I had planned and already spent money on a project at home. He said he was told the wrong information and was overridden by his general manager, etc.

    ANYWAY. . My question is, does my employer have an obligation to pay under Employment Law!! Given the amount of notice received, I understand if this was a mistake but shouldn't my employer still take responsibility for those immediately affected?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there, you can only cash out your annual leave if your award, enterprise agreement or other registered agreement says you can.

    If you are allowed to cash it out, you still have to be left at least 4 weeks annual leave and a written agreement needs to be done up every time you do it. Also you can't be forced to cash out your leave.

    You can determine here whether your industry award or other agreement allows it: Cashing out annual leave - Annual leave - Fair Work Ombudsman
     

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