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458 posts

Ultimate Geek

#189005 13-Dec-2015 15:48
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I have a legal question I'm hoping somewhere on here will have experience with or just a bit more legal understanding than myself. 

Can an employer "contract out" of sick pay? (make a clause in the employment contract that states the employee is not entitled to sick pay)

A little bit more background.

I'm a student who works part time at a large retailer. I've been working there for over 3 years now working the same hours for the entire duration (plus extra holiday hours, and less the occasional day off for holidays/sick/exams, etc). My contract is a "casual" contract and has a clause which states I am not entitled to sick pay or lieu days. (I've since fought for my lieu days which I'm happy about thanks to ANZAC day which fell on my usually worked Saturday).

According to the legislation around sick pay, the requirements for non-regular working employees is that you have to have been working for at least 6 months and be working 10 hours/week or 40 hours/month. I work just over 40 hours a month and as I said, I've been there for over 3 years now.

Just like the lieu days, am I entitled to sick pay regardless of what my contract says? Or when I signed that contract did I sign away my right to sick pay?

Cheers everyone.

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  #1449720 13-Dec-2015 16:46
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Can an employer "contract out" of sick pay? (make a clause in the employment contract that states the employee is not entitled to sick pay)

The short answer is: Absolutely not.

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