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Employment Law ChangesAugust 3, 2016
There have been recent changes made to the law relating to shift cancellations. These changes came into effect on 1 April 2016 and will affect a number of employers.
Essentially, the changes mean employers are not legally entitled to cancel an employee’s shift unless:
If an employer has not included the appropriate clause in the employment agreement and needs to cancel a shift, the employer will need to pay the affected employee the amount they would have earned had they worked the shift.
It is important to note, that if an employee turns up for their rostered/scheduled shift, then it is too late to rely on the clause and the employee must either be offered alternative work to do or receive full pay for the shift as if they had worked.
Clients should seek to negotiate with employees prior to cancelling a shift. For example, an employee may be willing to swap shifts.
Finally, it is important to remember that regardless of any shift cancellation compensation paid or notice given, an employee must be offered the minimum amount of hours guaranteed in their employment agreement. If not, they must be paid for these hours regardless of whether or not they worked.
Employsure is here to help you if you have any questions relating to shift cancellations, or require further clarification. Our advice line is available day or night, so call us today on 0800 675 700.