My employer has asked me to “make up” my formal education release hours which means I am expected to work extra hours/longer shifts than what is stipulated in my contract, can the employer demand this?
The NTCER outlines your minimum employment terms and conditions
Still have questions?
Your employer can request or require you to work more than your contracted hours but only if the additional hours are reasonable. Whether additional hours are reasonable will depend on several factors including the number of hours you are being asked to “make up”, your personal circumstances and the needs of the practice.
An employee can refuse to work additional hours if they are unreasonable, however, you should seek legal advice about this as the request may be a lawful and reasonable direction. Failure to comply with a lawful and reasonable direction may amount to misconduct and could result in disciplinary action being taken against you.
Under the NTCER, educational release forms part of a registrar’s ordinary pay. Therefore, if you are engaged in accordance with the terms of the NTCER, any hours you work to “make up” for your formal education release hours should be classified (and remunerated) as “additional ordinary hours of work” per clause 10.9 of the NTCER, or overtime per clause 11.2.
