An employee who requested a reduction in her working hours 18 months ago is now being made redundant and has asked if her statutory redundancy will be based on her current working hours at the date of redundancy or her original hours (prior to the reduction)?
Statutory redundancy is based on an employee's working hours at the date of redundancy, unless the employee was on short-time, in which case statutory redundancy may be based on the working hours prior to the short-time. In this instance, as it was the employee who requested the reduction in her working hours, her statutory redundancy is based on her working hours at the date of redundancy.
St. Patrick's Day falls on a Friday this year. An employee is entitled to their employer's choice of the following, in respect of a public holiday:
a) A paid day off on that day
b) A paid day off within a month of that day
c) An additional day of annual leave
d) An additional day's pay.
If an employer does not nominate one option 21 days before the holiday, the employee automatically receives a paid day off on the public holiday.
Full time employees are immediately entitled to a public holiday benefit. Part-time/casual employees must have worked at least 40 hours in the period of 5 weeks ending on the day before the public holiday to qualify for the public holiday benefit.
Where a public holiday falls on a day on which the employee normally works, or is normally scheduled to work, then:
A full time employee is entitled to one of the public holiday benefits listed above.
A part-time employee must have satisfied the above condition of having worked 40 hours in the previous 5 weeks to be entitled to one of the public holiday benefits listed above.
Where a public holiday falls on a day on which an employee is normally off work, or is not scheduled to work, then:
A full time employee is entitled to a public holiday benefit equal to 1/5th of his normal weekly pay in respect of the normal weekly hours last worked by the employee before that public holiday,
A part-time employee is also entitled to a public holiday benefit equal to 1/5th of his normal weekly pay, based on the average weekly pay (including any regular bonus or allowance, but excluding overtime) in the 13 weeks worked immediately prior to the public holiday, assuming they have worked 40 hours or more in the previous 5 weeks.
Where an employee ceases to be employed at any time during the week ending on the day before a public holiday (i.e. in the 7 day period immediately preceding the public holiday), and the employee has worked for his or her employer during the previous 4 weeks, the employee is entitled to be paid a public holiday entitlement for the public holiday, calculated at the appropriate daily rate. A part-time employee must also have satisfied the condition of having worked 40 hours in the preceding 5 week period ending on the day before the public holiday.