Timing of holidays up to employer

Do you have to use up your leave every year? Dr MARIE WILSON is associate professor of management at the University of Auckland, research director of the ICEHOUSE business accelerator and a veteran of 20 years in corporate management and small business.

Q. My company has been asking people to take all their leave in the year in which it is due to be taken, and doesn't want us to carry any of it over. I don't think this is fair, and it isn't flexible. What can I do about it? Does the Holidays Act allow this sort of thing?

A. In a word, yes. The Employment Relations Service provides an informative brochure on holiday pay, or you can download fact sheets from their website.

The whole idea of holidays is to get frequent breaks to rest and recover from work and attend to the other aspects of your life. Particularly with increased concerns about stress in the workplace, employers want you to take holidays regularly.

Your employer also has the right to decide when during the year you can take your holidays, subject to the provision of the act.

This is to allow companies to continue to operate by scheduling leave throughout the year, even though they may consult employees on their preferences and accommodate those where possible.

Q. My employer has been saying that I have been difficult to deal with and disruptive - allegations I reject. But I am now seeking work elsewhere and I admit I am worried that this could affect the way things go.

Can I get a retraction of the allegations? I am also concerned about the attitude of my union, which also represents my manager.

A. Rejecting allegations doesn't resolve them. If you don't want your manager to think about you this way, you need to provide evidence that you are not difficult or disruptive.

You can also ask your manager for evidence for the claims.

If, however, your manager has evidence, then you need to listen and reflect on it. If your union can help you in this, use it.

It should be capable of dealing with the fact that your manager is a member as well, and each workplace should have procedures for dealing with such disputes.

You can ask for mediation assistance from the Employment Relations Service if you feel you need a neutral third party involved.

Unless your manager's characterisation of you is clearly false, you will find it difficult to get a retraction.

If you are seeking other work, you may want to ask that they not contact your current manager, and provide them with alternate references about the quality of your work.

Q. I've just started a new job, where there has been a gap for a few months, and have discovered that my predecessor left speedily without fanfare, and it appears to be related to dishonesty.

Some of the files and systems I have inherited are a mess and I'm worried I might be blamed for them.

A. Talk to your boss about this immediately.

Start by trying to make an inventory of the current state of affairs and the work that will be required to put things in order.

If there seems to have been fraud or dishonesty that was previously undetected, you will need to get others involved to sort this out.

If it is just a matter of cleaning up the after-effects, you need to make sure your boss fully understands the situation and you have agreement on how you will address this and what other matters might have to be deferred or reassigned to allow this to happen.

After you have a clear understanding, report back regularly on the progress being made, as well as any new irregularities.

Under the circumstances, it is probably best to make sure all of this is in writing so there is no question of your contribution and the circumstances that you have been working in.

Q. I'm about to be made redundant from the accountancy firm I work for following a merger. I am a secretary and getting a far worse redundancy payoff than any of the professional staff would get. Is there anything I can do?

A. Generally speaking, your redundancy payout, if any, is determined by your employment agreement.

Review your agreement, as well as any relevant company policies, to find out exactly what you are entitled to. You may also want to check company records to make sure your holiday and annual leave entitlements are correct and up to date.

Employment Relations Service