Backpay associated with recent Court Decision to include Bonuses in Average Leave rate calcs

Q: We have two pay components in dispute as to whether they should be included in AWE and OWE.  These components are:

  • Overtime
  • Payment for Worked Public Holidays

Can you please advise if these components should be included in the employee’s 12 Month Average and/or their 4 week average.

A: Both would be included in:

  • AWE
  • 4 week average (for OT is a regular part of a week (does the employee always do OT during the week, week after week or close to it)

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