Common use of Work on Public Holidays Clause in Contracts

Work on Public Holidays. The Employer may request that the Employees work on certain public holidays from time to time. Employees can refuse to work on public holidays provided that their refusal is reasonable As such, if required to do so by the Employer, the Employee must inform the Employer of the reason for their refusal to work on the public holiday. In determining whether an Employee has reasonable grounds for refusing a request to work on a public holiday, the following should be regarded: (a) the nature of the work performed by the Employee; (b) the type of employment (for example, whether full-time, part-time, casual or shift work); (c) the nature of the Employer’s workplace enterprise (including its operational requirements; (d) the Employee’s reason for refusing the request; (e) the Employee’s personal circumstances (including family responsibilities); (f) the amount of notice in advance of the public holiday given by the Employer when making the request;