Here are our top 5 tips for helping businesses manage their people over the Holiday season:
- Christmas / Holiday Parties: With COVID restrictions easing in many part of Australia, you may be thinking about whether to host a Christmas or Holiday party for staff – most employers do some sort of celebration each December, be it a lunch, drinks or a full blown party. Employers need to be guided by local health authorities and abide by all COVID safe rules when planning any events this year. The overarching duty that employers have to provide a safe workplace extends to work functions. Ensure any venue that is booked has a COVID safe plan, let staff know it is not compulsory to attend, and ensure you make clear to all staff your expectations regarding responsible drinking, expectations on behaviour, and how staff are to treat each other and other attendee. All staff need to know that your expectations on appropriate workplace behaviour continue to apply at work functions.
- Managing Leave: Have you asked staff to put in all leave so you can ensure you have coverage over the holiday period and not everyone will be away at the same time (unless there is a shutdown – see below)? This is the time of year for staff to recharge after a very full on 2020 – encourage all staff to take some leave where possible. Every workplace has those staff who use up all leave every year (although less travelling this year may mean there are few people doing that in 2020), and then those who are reluctant to take it. Whether you can direct staff to take annual leave can be a tricky question and depends on what is reasonable, what Award or Agreement may apply, and what your contract or policies say – but there is no restriction on encouraging staff to take leave for their own wellbeing.
- Annual shut down: Many employers look to have an annual close down over the Christmas/New Year period, and some even longer into January. If the Modern Award or Agreement covering your staff includes the right to direct staff to take annual leave during a shut down, then so long as the Employer complies with the requirements set out in that Award or Agreement including notice, they can do this. Some employers have a complete shut down and others use a skeleton staff only. Employers should be clear with employees on expectations during this period and provide as much notice as possible. When a shut down is directed and staff do not have sufficient annual leave accrued, consider offering annual leave in advance or unpaid leave for that period.
- Job Keeper: For those businesses claiming Job Keeper for employees, those payments are still required to be paid even when employees are on leave. This applies even if the employee is on unpaid leave because of an annual shut down and they don’t have any accrued annual leave to take.
- Public Holidays: Sometimes the Christmas/New Year period is a really busy one for some employers. Retail, health and aged care, hospitality, those working on end of year deals, finance, etc. In those businesses, some employees may be required to work through this period including on public holidays. How to engage employees to work on public holidays, and what they should be paid, will depend on your industry, applicable Award or Agreement and your contracts/policies, but as a general rule for those staff covered by the Fair Work Act (2009) Cth – the National Employment Standards provide an entitlement for employees to be absent from work on a day or part-day that is a public holiday. The NES also provide that an employer can reasonably request an employee to work, but also protects an employee’s workplace right to reasonably refuse to work on a public holiday. What is reasonable will depend on a number of factors but if you can’t agree with an employee to work on a public holiday, seek advice before proceeding further. It is important to remember that employees are protected from adverse action for reasonably refusing to work on a public holiday.
Contact us:
trish@sydneylegalconsulting.com.au
