If the following is stated in the Statement of Terms & Conditions of Employment within a particular workplace: "The hours of work will be as shown on the duty roster and may be changed from time to time. You may be required on occasions to work over or outside the normal hours. Flexibility by employees in regards to working hours is expected" and an employee gives the employer a note saying the following: "I can cover hours on the new rota but due to other commitments cannot cover any other hours outside this schedule" what recourse does the employer have as the employee is seeking to alter the terms of the employment contract?

Posted in : First Tuesday Q&A ROI on 2 November 2010
Issues covered:

In this case, the employer should take a reasonable approach by first seeking more information in relation to the employee's new commitments. The employer should approach the employee and ask them to expand upon their note and ascertain whether in reality the other commitments will impact on the rostered hours on a weekly basis. If so, the employer should remind the employee of his/her contractual obligations.

It would be best to take as reasonable an approach as possible to the employee's explanation, while still reserving the right to enforce the contractual provisions. For example, the employee's commitments may only be temporary, such that they will not impact negatively on his or her

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Back to Q&A's This article is correct at 02/09/2015

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