Morena. Further to Fiona’s note, in determining which team members will be able to return to site, you will need to ensure that you have followed a fair and reasonable process from an employee perspective. For example, you may have made an assessment based on the most appropriate skills relevant to the work to be performed, based on their “normal” site of work etc. Always propose your decision process to your team for feedback and consideration before your implement it.
If you have a team member with entitled annual leave (which is leave earned in their last anniversary year) then it is reasonable that you expect them to use that leave within the following 12 months. You must try to come to some agreement about when that leave will be used (which it appears you have tried to do in previous communications), before you make a unilateral decision about when it must be used. If no agreement is reached, then you can provide them with 14 days’ notice that they are required to take up to 2 weeks leave. You must follow this legal obligation and any commitment in their employment agreement. If your employee is not willing to put forward dates, we suggest that you state which dates you would like them to take. These can be within 14 days with their agreement, or outside of 14 days if they do not agree.
Please note that you can only cash up 1 week of annual leave per year, and this must be at the employee’s request.