If the request is reasonable, an employer may ask their employees to work on a public holiday.
The employer must consider the factors listed below when asking an employee to work on a public holiday:
- The nature of your business (including its operational requirements)
- the nature of the work performed by your employees
- your employees’ personal circumstances, including their family responsibilities
- whether your employees could reasonably expect that you might request them to work on the public holiday (for example, your business is open each year on the same public holiday)
- whether your employees are entitled to receive overtime payments, penalty rates or other compensation for work on the public holiday
- your employees’ type of employment (for example, whether they are full-time, part-time, casual or a shift worker)
- the amount of notice you have given your employees in advance about working on the public holiday
- any other relevant matter.
The employer cannot rely on one single factor, but needs to consider all of the relevant circumstances.
An employee may refuse a request to work if they have reasonable grounds. Employers may wish to speak to their employer association or seek legal advice if an issue arises.