QLD Employment Law - Approved Leave Cancelled by Default Through Roster Change?

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tinytim

Active Member
27 August 2019
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0
31
My employer has changed the roster at the site.

I don't have any problems with the new roster per se, however, it has an adverse effect on my leave that was applied for and authorised under the old roster months ago. The old roster was a 5545 roster and I applied for and was authorised for a 5-day block off. This gave me a 14-day break for which I booked flights, accommodation and hire car for a trip to WA.

The new roster is 7&7, which has the booked 5 days in the middle of my days off under the new roster. In order to meet my flights (based on the 14-day break), I now need to take 8 days off. My employer will not honour the 14-day break with the 5 days leave, saying I need to cancel the original application and reapply for the 8 days.

I liken this to someone who usually works Monday to Friday booking a week off giving them a 9-day break being told they must now work the weekend on either side of their 5 days off.

Do I have an argument to insist on the original 14 days off for 5 days leave under employment law?
 

Rod

Lawyer
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27 May 2014
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Yes. The employer needs agreement to cancel, just like agreement is needed in the first place. If the leave is canceled you can accept that on the proviso the employer pays for your losses.
 

tinytim

Active Member
27 August 2019
5
0
31
Thanks Rod,

That's how I understand the general principle as well.

Just to be clear, in this case, my actual leave was booked for 25th to 29th Sep. The new roster has me off work 25th to 30th Sept. anyway, making the original leave booking worthless (but the time off is still available).

The original agreement had me off work 20th Sep to 3rd Oct. 5days off, 5days leave, 4days off.
To meet my flights, I am now told I need to book 20th to 24th and 1st to 3rd off.