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holiday entitlements (moved from Immigration)

holiday entitlements (moved from Immigration)

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Old Oct 3rd 2010, 12:35 am
  #16  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
Do you have a link to some specific legislation for that? I would love to be able to prove that my employer is actually breaking the law by forcing me to work 20% of my public holidays as well as a 60 hour 'normal' week (40 in office + 20 from home).
An employer can request an employee work on public holidays, as long as the request as reasonable based on certain criteria. I would say that you're fortunate you only work on a couple of public holidays - I've had to work on more than that this year.
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Old Oct 3rd 2010, 1:19 am
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
Do you have a link to some specific legislation for that? I would love to be able to prove that my employer is actually breaking the law by forcing me to work 20% of my public holidays as well as a 60 hour 'normal' week (40 in office + 20 from home).
You'll be able to find all the info on your industry awards here http://www.fairwork.gov.au/Pages/default.aspx

If you think you are being treated unfairly, then give them a call and they will be able to help you

With the Long Service Leave - in the construction industry there is a company who handles LSL for employees that may work on different construction sites over the period of time they accrue it. Might be worth looking if there's something similar with IT. Here's a link to the SA one, so you can see what I mean https://www.cbserv.com.au/home/
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Old Oct 3rd 2010, 2:14 am
  #18  
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Smile Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
..but of no benefit whatsoever to anyone in the IT industry. My longest stint with any employer is 4 years and at least 4 of my employers over the last 10 years are no longer in business.
Sounds like a bit of bad luck in your case, though I'm sure it can't be impossible to hold down an IT job for 10 years. I did some contract work for NextiraOne in 2008, and met plenty of people who had been with the company for more than a decade.

As far as I'm concerned LSL is a con by which employers manage to claim they are giving you a benefit which they know full well they'll never have to pay out.
The total value of LSL in 2001 alone was $16.5bn. That's an awful lot of money being paid out.
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Old Oct 3rd 2010, 2:15 am
  #19  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by Wendy
With the Long Service Leave - in the construction industry there is a company who handles LSL ...
Construction industry has a long history of being unionised - and therefore are a number of provision for workers rights are in place and entitlements taken seriously.

The IT industry however has never been unionised - hence the widespread exploitation of workers and It being rapid fast-track to workplace misery
<perhaps I'm just having a bad week? >


http://www.fairwork.gov.au/leave/nat...itlements.aspx
Doesnt apply in QLD - and even if it does theres an awful lot of that word 'reasonable'. It not clear whether 20 hours unpaid overtime a week and no regard for publc holidays or not could be covered by 'reasonable' or not.

Last edited by DadAgain; Oct 3rd 2010 at 2:19 am.
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Old Oct 3rd 2010, 2:20 am
  #20  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
..but of no benefit whatsoever to anyone in the IT industry. My longest stint with any employer is 4 years and at least 4 of my employers over the last 10 years are no longer in business.

As far as I'm concerned LSL is a con by which employers manage to claim they are giving you a benefit which they know full well they'll never have to pay out.
I'm with you on this - I'd far rather have an extra week per year, which I know I can take than have the long servive leave carrot dangling when in all likelihood I'll never be able to use it.
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Old Oct 3rd 2010, 3:00 am
  #21  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
Construction industry has a long history of being unionised - and therefore are a number of provision for workers rights are in place and entitlements taken seriously.

The IT industry however has never been unionised - hence the widespread exploitation of workers and It being rapid fast-track to workplace misery
<perhaps I'm just having a bad week? >


http://www.fairwork.gov.au/leave/nat...itlements.aspx
Doesnt apply in QLD - and even if it does theres an awful lot of that word 'reasonable'. It not clear whether 20 hours unpaid overtime a week and no regard for publc holidays or not could be covered by 'reasonable' or not.
You can always say 'no'. You can not be sacked for refusing to work public holidays. Your employer can only retaliate by not giving you pay rises and being a total wanker, but can not legally sack you.

Basically you have to make the decision if you want to continually do the boss's bidding or actually enforce your own rights. This is what most people don't bother to do, enforce their own rights.

I have had many wars with my employers over the years, but have always won as I was enforcing my own legal rights, rather than being a submissive bitch.

Of course the side effect is you make enemies with the boss, but I never plan on sticking around for long anyway.
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Old Oct 3rd 2010, 2:05 pm
  #22  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by DadAgain
..but of no benefit whatsoever to anyone in the IT industry. My longest stint with any employer is 4 years and at least 4 of my employers over the last 10 years are no longer in business.

As far as I'm concerned LSL is a con by which employers manage to claim they are giving you a benefit which they know full well they'll never have to pay out.
I'm in IT and I certainly got my 3 months LSL after working for the same company for 10 years!
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Old Oct 3rd 2010, 10:22 pm
  #23  
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Default Re: holiday entitlements (moved from Immigration)

Originally Posted by Mr Grumpy
You can always say 'no'. You can not be sacked for refusing to work public holidays....
Perhaps - but I bet theres nothing to stop them giving me a pay-cut using the logic that 'Your pay was already inflated to cover the minor inconvenience of working on-call'.... and of course if I refused to do it then I'd be public enemy number one at work where the other 4 member of the team would all of a sudden have an extra 5.5hrs per week of work each to pick up what I've left.

The only solution in my case is to move on... I've raised the issue many times and have had broad agreement from my colleagues and my direct manager (who is subject to the same pain-in-the-ass conditions) that our current arrangements are unfair but that they will NOT be changed in anyway at least until the director concerned retired or dies.
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