NSW Employment Law - Am I Entitled to Personal Leave?

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Carter

Member
13 December 2015
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1
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.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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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.
 

Carter

Member
13 December 2015
2
0
1
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.
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.
 

Serge Gorval

Well-Known Member
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2 November 2015
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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.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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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.
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.