Your employer cannot unreasonably refuse your request to take paid annual leave.
However, your employer may consider these factors when assessing leave requests:
- Whether you’ve provided reasonable notice for staff coverage arrangements
- The duration of leave requested
- Operational business needs (such as peak periods with insufficient staffing)
- Whether other employees are taking leave simultaneously
Leave processes, policies and procedures
Review your employment contract, relevant award, and enterprise agreement for leave policies. These documents often specify periods when leave cannot be granted, which is common in retail and hospitality sectors.
Dispute Resolution
Start by discussing the issue with your employer to reach a compromise or alternative arrangement. Check your award or enterprise agreement for dispute resolution provisions. In serious cases, the Fair Work Commission can mediate disputes between you and your employer.
‘Cashing out’ leave
In some industries and circumstances, if you and your employer cannot agree on taking annual leave, you may mutually agree to “cash out” accrued paid annual leave. Seek legal advice before agreeing to this arrangement.
Morgan Couzens Legal can be reached at (03) 5722 4681 for discussions about unreasonable refusals or to explore your options.
The information provided in this article is produced for guidance purposes only and is not legal advice. The information contained in this article is based on the current state of the law at the time of writing. The law may have changed since this article was written.
Morgan Couzens Legal does not accept liability for any loss or damage arising from reliance on the content of this or any article produced by Morgan Couzens Legal. Liability is limited by a scheme approved under Professional Standards Legislation.
Legal advice should be sought for your individual circumstances. For advice tailored to your individual circumstances, please contact us by telephone on (03) 5722 4681.