Forfeiting Public Holiday Off for Terminated Staff

Employee was caught smoking in office, and such violate the code of conduct of your company. The offence is clear in the Disciplinary Policy – employee will be terminated from service with immediate effect for misconduct.

Now, employee has 5 days of Public Holiday Off in lieu. Can we – like Annual Leave – forfeit employee’s Public Holiday Entitlements?

No, we can’t do that under the Employment Act. While we can forfeit his Annual Leave, not pay him any salary in lieu of notice, we have to account for employee’s Public Holiday Entitlements – just like Overtime.

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