• Don Ramsay
    14
    I have just been asked the following by someone outside the company and just want to clarify if I am on the right track?

    " the worker has completed the 40 hour working week in accordance with his contract, his contract also has a close that he may be asked to work more hours if required. He was then asked by management if he could work 2 4 hour shifts over the weekend the last finishing at 12p Sunday. On his return to work on Monday he was then told he had to take a days AL as he had not had a break"

    The reason given was that the H&S regulations determined that to be the case, I have looked and see no direct reference just that given he has worked 7 consecutive days it could be seen as fatigue management. But given that they asked him to work the extra days would it not be fair for some payback from the company, as he did work to help them out?

    I am open to any ideas.....
  • Andrew
    306
    No!

    An employee must be given 14 days notice by the employer if the employer requires the employee to take Annual Holidays. Which is the entitled holidays not the "accrued" - gets complicated from here!

    There is no Regulation that Requires a minimum break between shifts. (There may be some industry specific regulations or there may be something specific written in the Employment agreement)

    You do of course have to manage the risks associated with fatigue.Broad rule of thumb - the more dangerous the job the greater the need for a decent rest break between shifts. So it becomes more a person / job specific assessment.

    There are provisions for required rest and meal breaks within a work period. That's the period between starting work and finishing work. It doesn't cover the period between finishing work and starting work again.

    At the moment I have people working 74 hours across a 7 day week. They like the over time. I like the productivity. But they aren't in High Risk Areas. And it won't be for long.
  • Aaron Marshall
    49
    Making him take leave? Can't see how the company can force him to, unless they give the required notice. If the company deems there to be a fatigue risk, then it needs to be given, as paid time off.

    Do they realise that next time they ask any employee to work overtime, the answer will be 'NO!'
  • Kim Gott
    1
    Surely if the company requested him to do the extra hours, they would have known he was doing a 7 day week. Knowing that, he could have come in later on the Monday ensuring he had an 8hr rest break between shifts or he been paid for a rostered day off. But i would certainly not believe he should be taking annual leave when they have asked him to work the extra time.
  • Jan Bott
    0
    I agree with comments above. If he finished his shift at 12pm (midday) and then started his Monday shift at say 7am - 19 hour break would seem reasonable to me.
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