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WEDNESDAY, FEBRUARY 14, 19
+ MUST STRESS THAT THESE AMENDMENTS INTRODUCE NO CHANGES OF POLICY, OR ADDITIONAL PROVISIONS, BUT MERELY SEEK TO CLARIFY THE EXISTING WORDING OF THE LAW TO HELP ENSURE THAT EMPLOYEES GET THE IR LEAVE AS INTENDED, HE TOLD THE COUNCIL.
CLAUSE 2 (A) OF THE BILL SETS OUT THE MANNER IN WHICH THE LEAVE IS TO BE GRANTED BY THE EMPLOYER AND TO BE TAKEN BY THE EMPLOYEE.
CLAUSE 2(B) MAKES IT CLEAR THAT IF A REST DAY OR HOLIDAY FALLS WITHIN ANY PERIOD OF ANNUAL LEAVE GRANTED, IT SHALL BE COUNTED AS ANNUAL LEAVE AND ANOTHER REST DAY OR HOLIDAY SHALL BE SUBSTITUTED IN ACCORDANCE WITH EXISTING PROVISIONS GOVERNING SUCH SUBSTITUTIONS,
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+THIS SECTION IS NOW SO WORDED THAT DEVIOUS EMPLOYERS MAY NO LONGER CLAIM THAT BOTH THE REST DAY OR HOLIDAY, AS THE CASE MAY BE. HAS BEEN GRANTED AND THE 'PERIOD OF NOT LESS THAN SEVEN CONSECUTIVE DAYS OF ABSENCE FROM WORK' SIMULTANEOUSLY OBSERVED AND TAKEN, AS BEING IN FULL COMPLIANCE WITH THE PAID ANNUAL LEAVE PROVISIONS, MR. HENDERSON EXPLAINED.
CLAUSE 2(C) ADDS A NEW SUBSECTION TO SECTION 41A FOR THE AVOIDANCE OF DOUBT.
CLAUSE 3 MAKES CLEAR THAT EACH AND EVERY ONE OF THE SEVEN DAYS OF THE ANNUAL LEAVE SHALL BE A PAID DAY TO COMPLY WITH THE SPIRIT OF SEVEN DAYS OF PAID ANNUAL LEAVE.
CLAUSE 4(A) SEEKS TO REMOVE AN APPARENT ANOMALY IN THE PRESENT LAW IN THAT PERSONS WHOSE EMPLOYMENT HAS BEEN TERMINATED FOR CAUSE ARE DECLARED TO BE ENTITLED TO PAID ANNUAL LEAVE, WHILE NO MENTION IS MADE OF THOSE WHOSE EMPLOYMENT IS TERMINATED UNDER OTHER CIRCUMSTANCES.
CLAUSE 4(B) MERELY CLARIFIES THE ORIGINAL INTENTION, NAMELY, THAT A PERSON COMPLETING THREE MONTHS OF SERVICE WILL BE ENTITLED, PRO RATA, TO PAID ANNUAL LEAVE.
DEBATE ON THE BILL WAS ADJOURNED.