Is It Legal for Employers to Ask Employee to Be Available to Work on PH/Weekends without Asking if They Wish to

jimmy1593 on 03/04/2024 - 00:11
Last edited 03/04/2024 - 09:44 by 1 other user

Long story short of an IT professional

I work in a service based company and just before the long weekend (literally 2 days to go) the manager calls and says there is urgent need to support the team hence cancel/postpone all the plans and be available for all days during the break

I was never asked whether I was available to support but was forced/given a direction that I need to support

I had vacation planned which I had to cancel at the last moment and has left a bad taste thinking to quit the company

However I wanted to check if it's actually legal to ask the employees work against their wish.

I've joined them recently hence didn't wanted to give a straight decline hence had to accept it, I am around 10+ yrs into industry now and I've seen this sort of behaviour for the first time

P.s. there is no talk of any additional monetary benefit to be received, it would just be a leave to take on any other day

Education & Work

Comments

  • iguana on 03/04/2024 - 00:22
    +20

    You're a pushover. Your company cannot direct you to work on a weekend, especially at such short notice. I would have told them to go f themselves and gone on your vacation.

    Were you born in Australia?

    • El cheepo on 03/04/2024 - 01:14
      +4

      Your company cannot direct you to work on a weekend

      Yep, (unless its part if your contract).

      You're a pushover.

      Also yep, but easy mistake to make when your new somewhere.

      Were you born in Australia?

      Not overly relevant, but it seems op is likely from overseas based on the wording used. (Not having a go at the op, theres just common ESL mistakes)

      That been the case, they might not be use to knocking back silly requests with a “stick it up ya bum” reply to the boss like most Aussies would.

      • aboabo on 03/04/2024 - 12:52

        yoor, not your. Easy mistake though.

        • El cheepo on 03/04/2024 - 12:56

          I personally prefer youse.

  • sumyungguy on 03/04/2024 - 00:25

    Suggest you read this guidance on NES entitlements
    It may be the best you can negotiate is penalty TOIL

  • Pelicannn on 03/04/2024 - 00:29
    +7

    You need to check your employment contract or award. It should have standard hours listed. However, most public holidays come under a National standard and you have some rights to refuse to work a public holiday. Anything above and beyond what is in your contract is up to you whether you want to support the company or not.

    FWIW if my boss gave me two days notice to work a public holiday and I had travel booked, I’d tell them to stick it, and guaranteed I’m in a profession with the least amount of employee rights as far as a job goes 😂

    • spackbace on 03/04/2024 - 12:30

      and guaranteed I’m in a profession with the least amount of employee rights as far as a job goes 😂

      Hmm I dunno, I reckon I could beat you on that ;)

      • Pelicannn on 03/04/2024 - 20:05
        +1

        You must work for my wife?

  • diceman99 on 03/04/2024 - 01:30
    +10

    They can ask whatever they want, it's up to you to say no. They can't force you to work, they could make life difficult for you if they wanted, but they cannot force you. You should have least told them that you had a booked holiday and would need to be compensated if you did help out and stay back

  • Nillionaire on 03/04/2024 - 05:40
    +3
    • Read your contract, unless you signed something that makes you an employee over the weekend or anytime they ask, generally:
    • It's legal for them to ask you.
    • It's legal for you to say no.
    • If you don't want to week weekends, especially with such short notice, firmly say no.
    • You can ask for significant monetary compensation for your availability and time if you're willing to become available for them on the weekends.
    • Unless you can't afford to lose this job, do not tolerate abuse from your boss if they retaliate if you say no.
    • Time to start looking for another job if you're already not comfortable there and feel forced to do stuff unless it's this is just a one off request that has frustrated you.
    • Good luck mate
  • Dollar General on 03/04/2024 - 06:48
    +9

    Now you know why businesses were upset about Albo’s no contact after hours laws he wants to implement.

    CEO’s and board of directors need to boost their huge pay packets and that means you need to give yourself to them 24/7. It’s your sole purpose in life.

    Never forget how the rich (not the wealthy) got rich in the first place. Off the hard work of the commoners, stealing land and lies

  • jjjaar on 03/04/2024 - 07:09
    +1

    there is no talk of any additional monetary benefit to be received, it would just be a leave to take on any other day

    Yeah you have to read your contract carefully. All four of those days, from Friday to Monday inclusive, were public holidays in NSW. Your contract will outline whether you are entitled to additional compensation (more than just 1:1 leave, extra pay, etc.) for working on a public holiday

  • mskeggs on 03/04/2024 - 07:27
    +4

    It is extremely unprofessional to be asked at such short notice. Everything else aside, will it be good for you and your career to work for a bunch of clowns?

  • AustriaBargain on 03/04/2024 - 08:02
    +1

    If your work is actually on call then you're probably being underpaid as a rostered worker.

  • spal on 03/04/2024 - 08:37

    I bet it is an over zealous manager, who have no clue on HR laws and the NES. If you would have pushed back, they would have gone to the HR, who then would have schooled them on the Australian workplace laws. If this upset you so much, maybe next time say something about it.

  • djsweet on 03/04/2024 - 09:26
    +2

    To me, whether it is legal or not would be the least of my worries. I wouldn't want to work for someone who behaved like that regardless of the legality of the situation. Personally, I'd be out of there as quick as possible.

  • JimmyF on 03/04/2024 - 09:36
    +2

    I had vacation planned

    This isn't America, we have holidays, not vacation

  • roguescholar on 03/04/2024 - 09:47
    +1

    urgent need to support the team…

    Does your boss support you?

    I had vacation planned which I had to cancel at the last moment …

    Is work going to reimburse you for any losses?

    I've joined them recently…

    Well, I guess its time to leave them recently.

  • Sleeqb7 on 03/04/2024 - 09:58
    +2

    I'd absolutely tell them "Too bad so sad, see you next Tuesday."
    The absolute worst case scenario, which is very unlikely to occur, is that they fire you, at which point you'll almost certainly have grounds to go to Fair Work and tear them a new arsehole.

    Now you've set a precedence, they will 100% do this same shit in the future.

  • JimmyF on 03/04/2024 - 10:04
    +2

    I work in a service based company and just before the long weekend (literally 2 days to go) the manager calls and says there is urgent need to support the team hence cancel/postpone all the plans and be available for all days during the break

    Did you ask what the oncall standby rate was going to be? Are they covering costs to cancel your plans to sit around be be Oncall?

    I was never asked whether I was available to support but was forced/given a direction that I need to support

    Was it ever part of your terms when joining?

    I've joined them recently hence didn't wanted to give a straight decline hence had to accept it, I am around 10+ yrs into industry now and I've seen this sort of behaviour for the first time

    Only your first time in 10 years? WOW you are doing well then. Generally oncall is part of your terms when signing up if you have support as part of your job, but then correct notice has to be given as well. Dropping that on you only days before Easter isn't cool.

    You should have declined and said you have plans, here are the costs you need to cover if you want me to cancel my plans and by standby.

    So did you do any work or get called out?

  • ThithLord on 03/04/2024 - 10:12
    +1

    What did your Union say when you asked them?

    • zathras on 03/04/2024 - 10:29

      What are the names of the IT workers unions in Australia?

      • ThithLord on 03/04/2024 - 10:45

        What, all of 'em? No idea, but Australian Services Union can be OP's friend. The Services Union is who I'm with (I work in I.T. as well)

  • Boioioioi on 03/04/2024 - 10:23

    If they pull this stuff now it will only get worse. Probably a good idea to start looking for work elsewhere

  • zathras on 03/04/2024 - 10:28

    If the company was hacked and they required all hands on deck it would be understandable. Other than that they should have organised their roster properly.

  • MITM on 03/04/2024 - 10:51

    Hey Jimmy,
    you posted this at midnight. So did you indeed get called in over the weekend ? What did you do over Easter if you cancelled your vacation ? I'd say you should go to HR today and discuss your concerns with them. They'll then point it out in your contract.
    Personally, I'd say sure thing - give me a call if you need me. Go on holiday and not reply to any call out citing I was off the grid.

  • Drakesy on 03/04/2024 - 13:08

    If it's in your contract then yes, if not, nup.

  • AndyC1 on 03/04/2024 - 18:58

    Where is OP? No responses to any posts…. Ghosting this thread?

Login or Join to leave a comment
Login Join