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NSW Employment Law - Am I Entitled to Personal Leave?

Discussion in 'Employment Law Forum' started by Carter, 13 December 2015.

  1. Carter

    Carter Member

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    I would like to ascertain if I'm entitled to take personal leave under Employment Law while I've been stood down on full pay pending an external investigation with which I intend to vigorously defend myself against these allegations of misconduct.
     
  2. Tim W

    Tim W Lawyer

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    If you are on full pay, then why do you need to?

    As a general proposition, you can't camouflage "suspension" by calling it "being on holidays" instead.
     
  3. Carter

    Carter Member

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    Hi, Tim, it's regarding negative outcome from the external investigation whereby I wouldn't be able to utilise and personal leave. I had been on personal leave prior to reviving notice of being stood down. I'm experiencing significant emotional impact on my wellbeing and would prefer to have the opportunity to access my leave entitlements prior to any out with the report & recommendations whereby I could be dismissed immediately thereby contributing further to my state of being. Also, I would like to maintain accessing Employees Assistance Program Support (EAPS) with which I would lose if I'm my employment is terminated.
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    Hi Tim

    Personal leave is related to medical leave or sick leave. if you have been stood down without pay, you have a very good claim for unfair dismissal or breach of contract due to the repudiation of the employment contract by the employer but you need to respond quickly and adequately to allege the repudiation.
     
  5. Tim W

    Tim W Lawyer

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    I am familiar with it.
    But the OP states that he is on full pay.

    Which way this goes depends in part on whether or not the employer is government or not.
     

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