For employers in the hospitality or retail industry, the holidays are one of the busiest times of the year. While some businesses slow right down and even close over this period, others are actively working out how to best manage staffing to cover demand.
From rostering, managing overtime, penalty rates, and public holidays, to being aware of employee mental wellbeing during the holidays, effective planning is essential to ensure the business continues to run smoothly. Read on for more tips.
Can I request that an employee works on a public holiday?
With so many public holidays over the holiday period, it can be confusing understanding employee entitlements. Simply put, an employer can request that an employee works a public holiday, if the request is deemed reasonable, but they cannot demand it. However, an employee can refuse the request to work a public holiday, provided the refusal of the request is considered reasonable.
What is considered reasonable?
This, of course, depends on each individual case. There are a range of factors to consider such as the employee’s personal circumstances, including family responsibilities, how much notice is given to the employee, how requests are communicated and the nature of the workplace and its operational requirements.
With this in mind, it is beneficial to roster for the holiday period as early as possible, and communicate this to employees with as much notice as possible.
What are the pay requirements for public holidays?
Employees covered by a modern award or enterprise agreement will commonly receive penalty rates for hours worked on a public holiday. For example, the Hospitality Industry (General) Award requires employers to pay a casual employee 250% (double time and a half) of the ordinary hourly rate (inclusive of casual loading) for the hours worked on a Public Holiday.
What about permanent employees who are not rostered to work on a public holiday?
Full-time and part-time employees must still receive their usual salary for the public holiday, even if they are not rostered to work or have reasonable grounds to refuse to work a public holiday. If the same employee does work on a public holiday, they may be entitled to different rates or time off in lieu, and this will depend on the award, and any other agreement in place.
Managing extended working hours
Employers may require employees to work longer hours during the holidays, so it is essential to pay them correctly. In some cases, this means looking at overtime rates in addition to other penalty rates such as weekends, late nights shifts, and early morning shifts. The relevant award or agreement. The relevant award or agreement will outline these rates.
Leave requests during the holiday period
Employee leave requests commonly increase during the holidays. For businesses that are having a planned shutdown, this is unlikely to be an issue, but for those employers in an industry where this time of year is the busiest period, having a large portion of the workforce off is untenable.
While many employers feel pressure to accommodate all leave requests, it is important to remember that leave must be taken at a time mutually agreed between the employer and employee.
Employee wellbeing during the holiday period
The holidays are a challenging time for employers and employees alike. While many people celebrate this time of year, others may be feeling stressed as a result of financial pressures, being separated from important people, and increased workloads both in the home and at work. It is important to be mindful of employee wellbeing and look out for signs that a team member may not be feeling themselves. Remember, employees that are supported are healthier, happier, and more productive.
If you’re looking for support to manage your employer obligations and keeping up with increased demand over the holidays, get in touch with our team.
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