NSW Definition of "Working Days" in Enterprise Agreement?

[John U]

As an employee and approaching Christmas, I'm about to take annual leave which my employer has approved, but I'm involved in a process in our Enterprise Agreement which refers to "working days". When the agreement requires me to act within a certain number of "working days", does that mean days when the business is open (even though I may be on leave) or days when I am working? In other words, do I have to respond to such work issues when I am on leave?

Thanks

 

[Clancy]

I am not certain here, but I would expect that someone has to be delegated to respond on your behalf when you are on leave. You may be expected to participate in the process of delegating such a person and if you failed to do so you would then breech your agreement?

 

[John U]

Thanks for the tip. I don't think I could find such a delegate since the matter is particularly personal, but it is worth considering.

I am not certain here, but i would expect that someone has to be delegated to respond on your behalf when you are on leave. You may be expected to participate in the process of delegating such a person and if you failed to do so you would then breech your agreement?

 

[Clancy]

Thanks for the tip. I don't think I could find such a delegate since the matter is particularly personal, but it is worth considering.

How did we get from 'Enterprise agreement' to 'particularly personal'????

 

[John U]

The "I" in "I'm involved in a process in our Enterprise Agreement".

How did we get from 'Enterprise agreement' to 'particularly personal'????

 

[Clancy]

No what i mean is that an enterprise agreement and terms of employment are NOT personal matters.

 

[John U]

Yes. But when the terms are applied for a specific case, for a specific employee (me), then the details of the case are highly personal and I doubt that there is anyone who I could delegate to act on my behalf who would know the details and be able to represent me.

 

[Clancy]

Yes. But when the terms are applied for a specific case, for a specific employee (me), then the details of the case are highly personal and I doubt that there is anyone who I could delegate to act on my behalf who would know the details and be able to represent me.

You are here asking a legal question, so 'personal' does not fit in with that, ultimately the question if someone else can do your job is not your problem, it is the responsibility of your employer. Even doctors sometimes delegate patients to other doctors when they go on leave, and it doesn't get any more private than that! But like i said earlier, you may be required to participate in the process of organizing and training someone else to do your job for when you are on leave.