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WA Supervisor Files Leave Application Form Without Approval - Legal?

Discussion in 'Employment Law Forum' started by Colesdad, 16 June 2015.

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  1. Colesdad

    Colesdad Member

    16 June 2015
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    Is it legal for my supervisor to submit a leave application form on my behalf without my approval? I have recently had to take paid carers leave and submitted a leave application form as supplied from my HR Department. This form was filled out by me, then emailed to my supervisor. My supervisor then filled out a different leave application form (incorrectly) and submitted it to my payroll department without my knowledge. As the second form was incorrectly filled out, I was only paid a fraction of what I originally applied for. Having spoken to payroll, they are refusing to pay the remaining amount due to the fact that it was filled out incorrectly.
    Am I entitled in my employee rights to the original amount of paid leave I applied for, and if so, is my payroll department obligated to pay me the difference?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Are you in a union? If so refer the matter to them.

    If not, speak with you manager/their manager and say you want the paid leave done as per your leave form. Follow up the request with an email.
  3. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Your employer is getting confused about their legal obligations.
    Carer's leave entitlements are statutorily regulated.
    The hoops you have to jump through to access that leave (e.g. medical certificates, forms etc) are managed by the employer.
    The employer isn't allowed to abrogate your statutory rights to personal leave (carer's and sick leave) if you have provided reasonable evidence (e.g. a medical certificate) on the basis that you haven't fulfilled an arbitrary requirement to fill out a certain form to keep the payroll dept happy.

    So keep pushing back. Speak to your supervisor's supervisor. You should be able to get someone to push through your owed pay. If not, you can go down the union and legal advice route.

    Good luck!

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