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Worker Loses Claim To Keep Annual Leave While On JobKeeper

Worker loses claim to keep annual leave while on JobKeeper

A worker has lost her claim to keep her annual leave while on the JobKeeper wage subsidy.

The woman works for Village Roadshow Theme Parks, who asked her to take annual leave during the coronavirus stand-down.

However, she argued that Village Roadshow shouldn’t have applied for JobKeeper in addition to asking her to take annual leave.

Worker loses claim in the Fair Work Commission

Leonie McCreedy had 18-weeks of accrued annual leave when Village Roadshow stood her down on March 23.

The company asked her to take a day’s annual leave a week, as she had more than 10-days accrued.

The company wanted McCreedy to reduce her leave balance to a minimum of four days.

She refused, and subsequently took Village Roadshow to the Fair Work Commission.

Saving leave for overseas holidays

McCreedy told the Commission she had booked several holidays over the coming 12-months, including a cruise and a trip to Europe.

Using her annual leave during the stand-down would therefore affect her ability to take those holidays.

However, Village Roadshow Theme Parks told the Commission it was not aware of the leave applications for her upcoming holidays.

Commission finds worker ‘unreasonable’

Fair Work Commissioner Jennifer Hunt ruled in favour of Village Roadshow.

Ms Hunt found the company qualified to enrol in the JobKeeper scheme and said their request to McCreedy was not unreasonable.

“I consider that during the hearing and in material filed, Ms McCreedy made incredibly unsympathetic, and in my view, belligerent and unwarranted attacks on VRTP, despite the JobKeeper provisions being available for all eligible employers, small or large.

“The package has been introduced to put eligible organisations into hibernation, to allow for continued employment of eligible employees.”

Ms Hunt found McCreedy’s refusal to take annual leave “unreasonable”.

Additionally, she described her refusal as “excessive, and disappointingly vitriolic” considering she paid for holidays before getting approval.

As a result, Ms Hunt directed the woman to take leave as directed.


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COMMISSIONER HUNT’S FULL DECISION


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