Telecommunications
You are able to decline service
(15 June, 2009): You'll be aware about Telstra’s successful appeal against a previous CEPU win on emergency duty.
As explained, the CEPU had been successful in arguing before the Magistrates Court in NSW that employees rostered to do emergency duty on a public holiday should be paid both an emergency duty and public holiday loading. Justice Cowdey in the Federal Court disagreed.
One good thing that came out of the hearing however was a confirmation of an employee’s right to refuse emergency duty in these circumstances. Justice Cowdrey stated that:
“If the employee wished to retain leisure time, any request to perform emergency work could be declined.”
So you can just say “No” to any emergency duty request.
Check your payments:
Another thing to emerge from the hearings was an admission by Telstra that they had wrongly deducted a meal break from the Emergency Duty payment in question.
They did not elaborate on how this came about but as the matter arose from a change in the payroll software (to My Activity) it is possible that My Activity automatically deducted the meal break payment.
Members should check their payslips for any deductions from Emergency Duty payments, particularly if extended beyond 5 hours or through normal meal breaks.