Private Pathology Update: Concerns of unlawful actions

Tuesday 21 Apr 2020

HSUWA has been informed by our private sector members at Western Diagnostics Pathology that the company has told staff it will stop annual leave accruals for permanent and fixed term employees from Monday 20 April until 30 June, unless you ‘opt out’.

Western Diagnostics is not permitted to stop annual leave accruals under either its enterprise agreement or legislation.

Accruing annual leave for hours worked is a key National Employment Standard under the Fair Work Act, which is a minimum standard that cannot be altered by any agreement or individual contract with an employer. 

We think this is an unlawful action and are urgently advising members to ensure they are aware of their rights. We are also writing to the company immediately to insist that they do not enforce this action. We may take legal action if they do not comply with our request.

Well done to those members who spoke up. By working together we can ensure this kind of employer behaviour does not go unchecked.

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