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NT Company not Paying for Respite Period - Legal under Employment Law?

Discussion in 'Employment Law Forum' started by Vincent de Jong, 12 August 2015.

  1. Vincent de Jong

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    Hi

    The company I work for is claiming that each day I work “accrues” me leave days.
    Over the duration of the contracts they have been in control of all the flights and thus prevented me from “accruing” the correct amount of leave days.

    They are now claiming I haven’t earned enough days off and will not be paying me this respite period.

    Is this within their right under Employment Law to do so?
     
  2. Worldly1

    Worldly1 Well-Known Member

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    Hi Vincent,
    There are a few things that you'd need to clarify, like what do you mean by 'respite' period. Have you accrued annual and sick/personal leave that you can use? Have you spoked with your employer and raised the issues/a dispute?

    Have a read of the Fair Work Ombudsman information on different types of leave, and you can also contact them for clarification: Leave - Fair Work Ombudsman
     
  3. Vincent de Jong

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    Hi Worldly

    Thank you for your reply.

    I'm on a FIFO contract and the company sends me to and from work. The contract states that in a 42 day period I work 18 of those and the other 24 are the "respite" period which includes annual sick leave etc. The company is claiming that you must work the 18 days to acquire the 24 days off. They are saying that over the 1.5 yr period I worked I have not worked enough days and therefore have not acquired enough leave to get payed this respite period. However as I mentioned the only reason I "owe" them those days is because they have flown me home prematurely.

    I have had lengthy email discussions with them inquiring this point and the validity of the whole auditing process.
     

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