The employee (Employee 1) has a job share role where she does Monday through Wednesday, has less than one year service has signed a contract giving her all statutory holidays plus 11 days per annum annual leave.

The job share partner (Employee 2) does Wednesday through Friday, less than one year service and has signed a very similiar contract.

Employee 2 has now complained that Employee 1 recieves more paid days off since most of the statutory holidays fall on a Monday. As a consequence the Employer is using the new legislation as the reason why they are asking Employee 1 to sign a new contract. The new contract states that Employee 1 must apply to take off any of the statutory holiday and it will come off of the annual leave entitlement.

In light of the statutory changes to annual leave entitlements and contract law, how would you propose this situation be handled by:

The employer
Employee 1

Linda Klassen-Brown