Annual Leave – COVID

[grabletau]

Not sure if this is the right place to ask but Gov’t websites and other recent articles don’t specifically cover this situation.

I’ve heard a story of an employer asking staff to take half day annual leave but work through normal full time hours for that day to help keep the business running. Apparently with no recourse or time in lieue if things pick up.

I realise these are desparate times but this doesn’t quite sound right.

Anyone know if this is a valid arrangement?

[Paul – FS Concierge]

An Employment Lawyer would be able to answer your question.

The vast majority of these kind of arrangements would conceptually only be legal if there were mechanisms allowing for them in new laws brought about by the pandemic.

[bb1]

So many variables, what is your employment arrangement, if you come under an award talk to Fairwork, if you are under a contract what are the agreements in there.

But also you need to consider the employer, if it’s case of work a little cheaper, or them closing their doors, you may want to go along with it, even if it’s not 100% legal. I know of a few employers who were still paying staff full time for only a little work, even before the latest jobkeeper arrangement was announced. I have reduced rates for one of my clients, I’m still covering my costs, I would like to keep them, and I know when we come through this, I can go back to standard rates.

Plus if it is only a story (Per your OP), there are so many stories going around, I heard one last week that the government will implement a policy where all cars have to drive backwards for 10 weeks. Unless it involves you or you know for a fact that it is happening, it’s most likely fake news.

[grabletau]

Paul – FS Concierge, post: 269408, member: 78928 wrote:

An Employment Layer would be able to answer your question.

The vast majority of these kind of arrangements would conceptually only be legal if there were mechanisms allowing for them in new laws brought about by the pandemic.

Thanks Paul
They were my thoughts too. A crisis situation doesn’t void an employee contract without new laws and I haven’t heard any news allowing employers to cash in entitlements to help with cash flow.

[grabletau]

bb1, post: 269409, member: 53375 wrote:

So many variables, what is your employment arrangement, if you come under an award talk to Fairwork, if you are under a contract what are the agreements in there.

But also you need to consider the employer, if it’s case of work a little cheaper, or them closing their doors, you may want to go along with it, even if it’s not 100% legal. I know of a few employers who were still paying staff full time for only a little work, even before the latest jobkeeper arrangement was announced. I have reduced rates for one of my clients, I’m still covering my costs, I would like to keep them, and I know when we come through this, I can go back to standard rates.

Plus if it is only a story (Per your OP), there are so many stories going around, I heard one last week that the government will implement a policy where all cars have to drive backwards for 10 weeks. Unless it involves you or you know for a fact that it is happening, it’s most likely fake news.

Thanks Bert

Certainly not fake news. Just an interesting situation within my (social distancing) circle.

Point taken re the employer and keeping the business open. Although I’m concerned for both the employee and employer that not being 100% legal could get ugly down the track.

[JamesMillar]

I think the bar for worker exploitation has probably changed for a while. Right now businesses are trying to survive whatever it takes because without the businesses we have no jobs to complain about. Good luck winning a dispute at fairwork against an employer that missteps on an agreement to keep his her doors open. No arbitrator in the country would blame an employer for imperfect decisions at the moment.

[bb1]

JamesMillar, post: 269442, member: 5318 wrote:

I think the bar for worker exploitation has probably changed for a while. Right now businesses are trying to survive whatever it takes because without the businesses we have no jobs to complain about. Good luck winning a dispute at fairwork against an employer that missteps on an agreement to keep his her doors open. No arbitrator in the country would blame an employer for imperfect decisions at the moment.

Within reason I hope [USER=5318]@JamesMillar[/USER], history is littered with employee’s being exploited by unscrupulous employers under the cover of ”world situations”. There definitely needs to be give and take during times like this, but history shows it’s more the employer taking, and the employee giving far more.

[Author]

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