Job Keeper - being forced to take annual leave and RDO

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Williamdunn

Active Member
3 April 2020
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0
36
Hello,

My work has stood me down (along with 300 others) and have successfully applied for the Job Keeper allowance and I also qualify.

They are forcing everybody with annual leave and RDO hours greater than 76 to use them regardless if they want too. The original theory was we would collect the $1500 Job Keeper allowance and get paid anywhere between 2-8 days (at our discretion) of annual leave or RDO hours ON TOP of the $1500..

Ive just been in formed that this is not the case. Ive been told our leave will be INCLUDED in the $1500.

For example: If I nominate (or forced) to take 2 days of annual leave/RDO hours for the fortnight pay period that would be approx $500. Then my employer tops that $500 with $1000 from the Job Keeper money to make $1500 what happens to that $500 of the $1500 the qovt gave my employer?

The moral to this story is that its extremely unjust to have my leave forcibly paid out and I wont see a cent of it as I would have received $1500 regardless. I feel like my Annual leave has now disappeared.

Thoughts?

Thank you.
 

Rod

Lawyer
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27 May 2014
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What State are you in?

They are forcing everybody with annual leave and RDO hours greater than 76 to use them regardless if they want too.

This not 100% correct. Any leave you take must not reduce your balance below 2 weeks.

Additionally, the employer can only request you take leave. Though you cannot unreasonably refuse.

Remember, you are paid for taking annual leave so you are no worse off monetarily.
 

Williamdunn

Active Member
3 April 2020
7
0
36
Hello,

My work has stood me down (along with 300 others) and have successfully applied for the Job Keeper allowance and I also qualify.

They are forcing everybody with annual leave and RDO hours greater than 76 to use them regardless if they want too. The original theory was we would collect the $1500 Job Keeper allowance and get paid anywhere between 2-8 days (at our discretion) of annual leave or RDO hours ON TOP of the $1500..

Ive just been in formed that this is not the case. Ive been told our leave will be INCLUDED in the $1500.

For example: If I nominate (or forced) to take 2 days of annual leave/RDO hours for the fortnight pay period that would be approx $500. Then my employer tops that $500 with $1000 from the Job Keeper money to make $1500 what happens to that $500 of the $1500 the qovt gave my employer?

The moral to this story is that its extremely unjust to have my leave forcibly paid out and I wont see a cent of it as I would have received $1500 regardless. I feel like my Annual leave has now disappeared.

Thoughts?

Thank you.
What State are you in?



This not 100% correct. Any leave you take must not reduce your balance below 2 weeks.

Additionally, the employer can only request you take leave. Though you cannot unreasonably refuse.

Remember, you are paid for taking annual leave so you are no worse off monetarily.

Im in Victoria.

If I sit at home and have no leave i get $1500, if I have 2 days of leave in my pay for the pay period i get $1500.. That's not right!
 

Williamdunn

Active Member
3 April 2020
7
0
36
What State are you in?



This not 100% correct. Any leave you take must not reduce your balance below 2 weeks.

Additionally, the employer can only request you take leave. Though you cannot unreasonably refuse.

Remember, you are paid for taking annual leave so you are no worse off monetarily.

Yes sorry I should have rephrased the main post, They want everyone to have 76 hours of leave max so everything above that is getting "paid out"
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
If I sit at home and have no leave i get $1500, if I have 2 days of leave in my pay for the pay period i get $1500.. That's not right!

I understand what you are saying, though you should remember that to qualify for JobKeeper a business has taken a large hit to revenue and has to fund paying you until the Government money comes through. Some businesses are not going to survive COVID-19 and then their employees lose jobs and have to fight through the Centrelink system for JobSeeker payments - not fun.
 

Tim W

Lawyer
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28 April 2014
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Sydney
For the benefit of people who read this later,
on the question of the time in lieu balance...

You can indeed be required to take this.
It's typically an unfunded liability on the employer's books,
and they are entitled to manage it.