The maximum number of weekly hours an employee can perform is 38 hours according to the Employment Standards (NES). For part-time employees, their maximum is typically based on the lesser of either 38 hours or their own normal ordinary hours.
While it is possible for an employer to request that an employee work beyond this limit, it’s important to be aware that this request is subject to certain factors that influence just how reasonable these hours are, and the employee’s ability to refuse this request.
A recent case in the Federal Court of Australia ruled against an employer for breaching these provisions. This article will examine that case and consider best practice principles for employers moving forward.
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