WA Clarification of Time in Lieu Entitlement on Employment Contract?

Discussion in 'Employment Law Forum' started by PerthEmployee1, 12 June 2018.

  1. PerthEmployee1

    Joined:
    12 June 2018
    Messages:
    3
    Likes Received:
    0
    Hi,

    A new employee at my workplace recently tried to claim Time in Lieu day when working away. He was sent an email from a senior employee stating that Time in Lieu only entitles you to an unpaid day off. Upon hearing this, I have read my own employment contract. The contract states under Time in Lieu "One (1) 7.6 hour day will accrue for every 7 consecutive days worked on site". I believe that the definition of a Time in Lieu day is a paid day off. I have never accumulated any Time in Lieu hours for working consecutive days on site. I would estimate that I should have accumulated at least 50 x 7.6 hour days.

    I have contacted Fair Work Australia as my contract states I am covered under an Enterprise Agreement. Fair Work said the Enterprise Agreement was either never registered or has been cancelled, so they were unable to help. They suggested that I contact a lawyer.

    I would like some advice on this matter. Should I have been accumulating the Time in Lieu, and is this a paid day off? I have handed my resignation in and only have 2 weeks left to work, so I would like to put a claim in before I leave if possible.
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,109
    Likes Received:
    850
    If you work an extra day and are not paid for it, they give you another day off and pay you for that day.

    If you work an extra day and are paid for that day, then a day in lieu is unpaid.

    Which is your situation?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. PerthEmployee1

    Joined:
    12 June 2018
    Messages:
    3
    Likes Received:
    0
    I work 14 consecutive days on site and I am paid for all days.
     
  4. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,109
    Likes Received:
    850
    Then you have unpaid days. One result would be not having to work out your notice period and take them as time in lieu - with no pay.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. PerthEmployee1

    Joined:
    12 June 2018
    Messages:
    3
    Likes Received:
    0
    I would have thought the time in lieu would be more to do with instead of being paid overtime rates. Upon my own investigation only the supervisors have it in their contracts. Supervisors receive the same hourly rate no matter how many hours worked, plus have the time in lieu clause.

    All non-supervisor roles get paid penalty rates on all hours above 38 hours for the week and don't have a time in lieu clause. If it was unpaid days off wouldn't all employees be entitled to it after consecutive days on site?
     
  6. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,109
    Likes Received:
    850
    It would be nice but I can't see it. Why are you suggesting you should be paid twice?

    I can't speak for others and can only go by the facts you stated.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;