Your questions answered

Danielle Wilson is an industrial officer for IEUA-QNT and Lisa James is an organiser for the IEUA NSW/ACT Branch. They answer your industrial and legal questions as they relate to state laws and regulations.

Dear Danielle

I am an assistant in a Kindergarten and my director has told me the committee require me to clean the toilets every morning and afternoon. I have been in this role for five years, and while I do assist with emergency clean ups, prior to Christmas we had always had a contract cleaner come to do the regular cleaning of the toilets for our children. It is not written in my position description that I am required to do this.

Can the committee make me clean the toilets regularly like this?

Petra

Dear Petra

That is an unusual situation, but we have had instances where committees distribute duties like cleaning to their staff in an effort to save money.

Unless you are employed as a cleaner and have this type of regular cleaning written into your position description, you cannot be expected to carry out regular cleaning. You have already noted you undertake emergency cleaning as needed and this is necessary to ensure the duty of care to the children and staff is maintained. It is not uncommon to see reference to emergency cleaning in an assistant’s position descriptions. However, regular cleaning needs to be done by people specifically employed to clean.

If you continue to have this issue, please contact our office for further advice.

Danielle

Dear Lisa

I have resigned from my position as an early childhood teacher but am working as a casual teacher at the same centre. I have been informed that the centre will not pay out my long service leave because I am working casually for them. What should I do?

Jane

Dear Jane

Long service leave is accrued for all unbroken service with an employer (other than leave without pay) from the date of commencement of employment. The Long Service Leave Act 1955 states: 11 (a) “service of a worker with an employer means continuous service, whether on a permanent, casual, part time or any other basis, under one or more contracts of employment”. Although you have resigned from your permanent position, as you are working casually without at least a two month break in your employment your long service leave will continue to accrue with that employer. If you would like your accrued leave to be paid out (provided that you have sufficient years of service) you will need to resign from your employment as a casual, have a break of at least two months and you can then undertake casual employment with the same employer as a new employee.

Lisa