# employer wants to deduct holidays going back 8 years



## rodger (4 Dec 2012)

Hi

I recently announced my resignation from my company.
I have always got on well in the job and am leaving on good terms.

However they are saying that I own 250 hours of extra vacation taken in the 8 years.

120 of which were during the past 5 years.

At no time did anyone advise me I was taking too many holidays
(There was an automated email indicating the balance but no human ever suggested I was taking too much holidays)

Is the employer entitled to charge for holidays taken up to 8 years ago?

This equates to my entire monthly pay or more and will hit me just before Christmas.
Regards


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## mandelbrot (4 Dec 2012)

What do you mean "there was an automated email"? 

Do you mean you got emails, presumably multiple ones, "indicating the balance", which presumably was an ever increasing deficit?


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## rodger (4 Dec 2012)

That is correct: there was a monthly email to all employees 
indicating the balance. 

It was not always obvious what the position was because let's say the vacation year starts in Sept: you could be negative if you took holidays in Sept 
And remain negative until next August.

My point is that it was never raised to me by a human being to say: no you can't take those holidays  / you will be charged for this when you leave the company.

It is also my understanding that an employee can only bring say 5 days holidays forward: other holidays will be forfeit.

In the same way: if extra holidays were taken years ago: is it only sensible there should be some kind of cut off period that wipes out those holidays?

Regards


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## STEINER (4 Dec 2012)

Your holidays surely must have been authorised by someone in charge so I don't see how they can claim an error has been made going back 8 years.

If you are entitled to just statutory annual leave of 20 days, then they are suggesting that you took nearly 24 days per year.  Surely you or they would have noticed this.


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## Dr.Debt (4 Dec 2012)

I'm afraid its bad news.......

If you took more holidays than you were contractually entitled to, then of course you cant expect to get them for free.

I don't think there has been any error here, as others have alluded to. You had an agreement for X amount of holidays. You took X + Y
so you need to pay back the Y part

You must take some responsibility (as most people do ) for taking the correct amount of holidays. I think its great that your employer gave you so much flexibility.
I'm sure you wouldn't want to be spoon fed.


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## wednesday (4 Dec 2012)

I would be seeking an itemised breakdown of all holidays taken and then maybe having to take it on the chin if their figures prove correct  Best of luck


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## rodger (4 Dec 2012)

Dr Debt

You could say it's great that the employer gave me so much flexibility.

However from my perspective now it doesn't seem so great that I won't be paid ;(


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## becky (4 Dec 2012)

rodger said:


> Dr Debt
> 
> You could say it's great that the employer gave me so much flexibility.
> 
> However from my perspective now it doesn't seem so great that I won't be paid ;(



Rodger - from what I can see you knowingly overtook holidays but because another 'human being' didn't tell you had overtaken them, there is some defense there.  

You might win if you throw out the payment of wages act card, but you shouldn't.

And you were paid, just in advance.


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## iscritto (4 Dec 2012)

Seems like a very badly run system.... maybe a compromise between you both would be best. 
Do you not have a HR/manager that looks at this system also. I do agree that you should had some "human" interaction however you need to take some of the "blame" for not taking the time to keep a manual track of holidays and/or understanding the emails. 

I would ask what happens if you took less hols at the end of each year do you loss them/maybe carry some or does your manger tell you to take them. Depending on this it may give you some bargaining power.... If they tell you to take holidays but not that you are over.

Overall very odd system.


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## Leper (5 Dec 2012)

Rodge (Leper, Devil's Advocate here) - Your leave year starts in September. Did you take your total year's holiday this year since September? You would only be entitled to a fraction of your holiday entitlement this year.

If this was the case how much holidays did you overtake in the previous seven years?

I may be wrong in the above, I post it just as an observation.

For the record, your employer is within rights.


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