Change of shift or shift pattern
Q. I am being told my shift/shift pattern is being changed, is that allowed?
A. You should be given at least 90 days’ notice of a change to your shift. Unless there is an exigency of duty which necessitates a change of shift with less than 90 days’ notice. Any changes to shifts inside of 90 days where there is no exigency of duty are purely voluntary. However, we would encourage members to be flexible where possible.
The term ‘exigencies of duty’, should be interpreted as relating to situations where a pressing demand, need or requirement is perceived that is not reasonably avoidable and necessitates a change of shift. In this context the word, pressing, relates to the expected situation at the time when the duty is to be performed rather than the time when the shift is changed, ie the reasons for a change may be known many months in advance but may still be pressing.
When a shift is changed, consideration should be given to the shifts either side to ensure you are given the requisite 11 hours of rest.
Please note: The regulations do not require rosters to be published for inspectors or above. They also do not benefit from a required notice period for changes of duty.
Q. I was told I had to start my shift earlier than scheduled, what can I claim?
A. You are only required to start early if there is an exigency of duty, unless you have been given 90 days’ notice.
- If your new start time is eight hours or less from the time you are informed and is advanced into a day you have already worked. Then you are not only entitled to over-time for the hours you start early but this also counts towards your tour of duty for that day. If you are then retained on duty for more than the number of hours you were due to work then the regulations around extended hours apply
- If you are given more than eight hours’ notice of the duty change then your working day merely starts at the new time. If the time you are brought on at is before 7am following a period of rest days then you will be eligible to claim a minimum of four hours’ payment or TOIL (your choice) at time and a half.
Q. I applied for a promotion/new role, am I still entitled to 90 days’ notice?
A. As the change of shift pattern is something you would have known about during the process, you are not entitled to 90 days’ notice. However, we would always advise a reasonable notice period to allow the individual to make suitable arrangements.
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