Common use of Direction by Employer Clause in Contracts

Direction by Employer. Where the Employer has genuinely tried to reach agreement with an Employee under clause Error! Reference source not found. but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. However, in directing that the Employee take leave under this subclause 57.5(a): (i) the Employee cannot be directed to reduce the accrued leave to less than eight (8) weeks; (ii) the Employer cannot require an Employee to take any period of paid annual leave of less than one week; (iii) the Employer cannot require the Employee to take a period of paid annual leave beginning less than 8 weeks or more than 12 months after the direction is given; and (iv) the direction must not be inconsistent with any leave arrangement agreed by the Employer and Employee.

Direction by Employer. Where the Employer has genuinely tried to reach agreement with an Employee under clause Error! Reference source not found. 57.4(b) but agreement is not reached (including because the Employee refuses to confer), the Employer may direct the Employee in writing to take one or more periods of paid annual leave. However, in directing that the Employee take leave under this subclause 57.5(a): (i) the Employee cannot be directed to reduce the accrued leave to less than eight (8) weeks; (ii) the Employer cannot require an Employee to take any period of paid annual leave of less than one week; (iii) the Employer cannot require the Employee to take a period of paid annual leave beginning less than 8 weeks or more than 12 months after the direction is given; and (iv) the direction must not be inconsistent with any leave arrangement agreed by the Employer and Employee.