One of our casual employees took 6 months off for parental leave and 2 days before re-commencing, verbally advised she was extending her leave by an additional 4 months. Prior to this she advised she was available to work weekends only when she was due to return from the initial 6 month period of leave but wasn't prepared to cover any other weekday shifts or otherwise(we are a 7 day a week operation and our remaining casual had requested annual leave on her return back from paid parental leave) then changed her mind at the last minute by requesting further leave.
She has also advised that she will not perform certain duties of her role on her return despite having signed a duty statement that reflects the tasks required (i.e. will work in reception only but not housekeeping). Prior to making leave she was performing both weekday and weekend shifts on a regular systematic roster.
Do I have to keep her position open to her given the above circumstances under Employment Law? Currently I am covering these shift as the business owner but am unable to continue due to health reasons.
She has also advised that she will not perform certain duties of her role on her return despite having signed a duty statement that reflects the tasks required (i.e. will work in reception only but not housekeeping). Prior to making leave she was performing both weekday and weekend shifts on a regular systematic roster.
Do I have to keep her position open to her given the above circumstances under Employment Law? Currently I am covering these shift as the business owner but am unable to continue due to health reasons.
