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SA Employment Law Entitlements for Permanent Full Time Employee on 'Stand by'?

Discussion in 'Employment Law Forum' started by dcv, 26 July 2015.

  1. dcv

    dcv Active Member

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    I was put on standby over 24 months ago because of not enough work. I am still on "stand by". Other employees took redundancy. I didnt. There is not enough work for me at this company to return to work. I have since found casual employment but am still on stand by.

    Am I entitled to anything under employment law?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Do you mean you were put on "stand-down"?
    Stand-down can only be used by employers to send employees home without pay when there is no work due to circumstances out of their control such as industrial action (strikes), natural disaster or unavoidable/ unforeseeable major equipment breakdown (not routine maintenance).

    Therefore it is very odd that you have been stood down for 24 months. Before you were stood down, were you a full time or part time permanent employee or were you casual or a contractor?
    Also, have you received any pay from this company during the stand-down period?

    If your employer had no work for you (and you were a permanent employee) then they should have given you a redundancy package. How long have you been employed by this company?
     
  3. dcv

    dcv Active Member

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    i was permanent full time. had been with company for over 2 years. it was a mining company that ran out of work. a lot of people took redundancy. i have been stood down without pay for 24months. i did not get offered redundancy. i have not received a termination of employment. as far as i know i am waiting for the work to pick back up
     
  4. dcv

    dcv Active Member

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    i have recieved no pay since being stood down. the company worded it as "stand by" meaning we will call you when there's work.
     
  5. Ivy

    Ivy Well-Known Member

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    If you were permanent full time for 2 years before being stood down then they probably owe you at the very least redundancy pay but possibly even back pay if it is found that they wrongfully stood you down without pay. If it were me, I would call the Fair Work Ombudsman first thing on Monday and see what options you have.
     
  6. dcv

    dcv Active Member

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    Thanks for your help
     

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