Navigating the delicate process of declining annual leave requests is an unavoidable challenge in any workplace. The impact can be twofold – either the employee understands the decision, fostering a positive work environment, or negative feelings fester, potentially leading to dissatisfaction. 

In this episode, host Sanam delves into the challenging topic of declining annual leave requests and its impact on workplace dynamics. She explores the legal aspects of when employers can and cannot decline leave, focusing on the critical section 18 of the Holidays Act 2003. Using a real-world example from the case of Dearsly and Encore Designer Seconds Limited, Sanam discusses the fine line between employer rights and employee entitlements. She sheds a light on the importance of communication, genuine business reasons and good faith obligations. 

Packed with legal expertise, practical tips, and even a touch of humour, this episode is a must-listen for employers, HR professionals, and anyone interested in taking annual holidays. So, join us as we unravel the complexities of declining annual leave and equip yourself with the knowledge to navigate these situations effectively.

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Resources:

• Taking of Annual Holidays - Holidays Act 2003

• Taking Leave - Community Law Manual

• Dearsly 2014 NZERA Case - Employment Relations Authority Case

Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.