What employers need to know this festive season
As we head into the silly season, many businesses juggle a familiar mix: staff availability and public holiday entitlements.
A recent Federal Court case has put Christmas rostering back in the spotlight, so here’s a simple wrap-up of what you need to know to stay compliant and keep things running smoothly.
Public Holiday Rostering: What the Courts Have Said
A major Australian employer was recently fined close to $100,000 for the way it handled Christmas rostering. Why? Because they told employees they had to work on Christmas Day and Boxing Day, instead of asking.
Under the Fair Work Act, employers can request staff to work on public holidays, but it must be a genuine request not an instruction. Employees must also have the real option to say no if they have reasonable grounds.
In this case, the company had rostered 12.5 hour shifts across Christmas without giving employees a choice. Even though their salaries covered public holiday work, the Court found the workers’ rights were breached. The result:
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$83,700 compensation to 85 employees
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$15,000 penalty paid to the union
What this means for employers
Now is the time to review how you communicate and manage public holiday work. Any request needs to be:
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genuine
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documented
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open to reasonable refusal
Failing to do so could lead to financial penalties — and some unwanted reputational damage.
Can Employees Refuse to Work on a Public Holiday?
Yes they can.
Even if a contract mentions public holiday work, employees still have the right to reasonably refuse a request. “Reasonable” might look like wanting to spend the day with family or observing a religious holiday.
Employers must consider factors such as:
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whether the employee receives extra pay for public holiday work
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how much notice was given
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the employee’s personal circumstances
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the type of work performed
If the refusal isn’t reasonable, you can still require the employee to work, but this must follow a genuine request and assessment process.
Best-practice for requesting public holiday work
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Plan ahead: Forecast your staffing needs early. If you need a skeleton crew, communicate this well in advance.
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Ask for volunteers first: Some employees may prefer to work Christmas and take leave at other times.
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Make it clear it’s a choice: If you issue a roster, mark public holiday shifts as draft until employees confirm.
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Consult properly: Allow space for discussion or negotiation.
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Avoid disciplinary action: Never punish an employee for refusing — this could be seen as adverse action.
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Consider a policy: If public holiday work is common in your business, a clear policy helps set expectations.
A bit of preparation goes a long way. By taking a proactive approach to public holiday rostering, you’ll set your organisation up for a smooth, safe and enjoyable festive season and hopefully avoid any holiday-related headaches.
If you’d like help reviewing your public holiday processes or updating your festive-season policies, we’re here to support you.