My partner manages a bottle shop that is attached to a pub (both run by one company). The pub was forced to close, but the bottleshop has remained operating. My partner was 'stood down' without pay and all bottleshop shifts have been given to various pub managers. He had a full time, ongoing contract and i don't think they can legally stand him down while his job still exists??
VIC Unlawfully stood down? Covid 19
- Thread starter Mrs Moleman
- Start date
He was the only staff member working in the bottleshop, apart from the occasional casual. He can still be "usefully employed" so how can he be stood down?
A business is entitled to stand down workers for whom they have no immediate work.
With a few ifs and buts attached, they get to decide for themselves who those people are.
You are on a good track though. Stand down - even in current circumstances - is not a way to evade what would be, in "normal times", an unfair dismissal.
He should consult his union.
With a few ifs and buts attached, they get to decide for themselves who those people are.
You are on a good track though. Stand down - even in current circumstances - is not a way to evade what would be, in "normal times", an unfair dismissal.
He should consult his union.
It sounds very much like he has been improperly stood down. Question is what to do about it.
I disagree with Tim's comment. A business downturn by itself does not entitle a business to stand down employees. Redundancy is the normal avenue available to businesses in these situations.
Having said that, our current situation is not normal. It may well be that new interpretations will be made in response to this pandemic. Plus it can be argued standing down is better than losing a job.
Making a claim may not be the best thing if government benefits are immediately available. Being stood down means he still has a job and there is no interruption to his employment, just not working and not being paid.
Is it in his best interests to cooperate and help the business, or stand up for his rights? I can't answer this question without more background.
I disagree with Tim's comment. A business downturn by itself does not entitle a business to stand down employees. Redundancy is the normal avenue available to businesses in these situations.
Having said that, our current situation is not normal. It may well be that new interpretations will be made in response to this pandemic. Plus it can be argued standing down is better than losing a job.
Making a claim may not be the best thing if government benefits are immediately available. Being stood down means he still has a job and there is no interruption to his employment, just not working and not being paid.
Is it in his best interests to cooperate and help the business, or stand up for his rights? I can't answer this question without more background.
Thank you Rod.
The employer has a history of conduct that is a bit "dodgy", (for want of a better term) such as promising pay rises in writing then reneging without due cause. And this current issue affects multiple venues/staff. We will try to resolve it with the employer first, before approaching Fair Work. But we want to try to understand our rights better, so thank you.
The employer has a history of conduct that is a bit "dodgy", (for want of a better term) such as promising pay rises in writing then reneging without due cause. And this current issue affects multiple venues/staff. We will try to resolve it with the employer first, before approaching Fair Work. But we want to try to understand our rights better, so thank you.
Is your partner a full time employee, or a casual?
I'm quite familiar with the often questionable employment practices in hospo ("permanent casual", anyone...?), and I do agree with Rod's advice that starting an action now may not be the best choice.
But, closure by operation of law (such as closing in compliance with a Public Health Order applicable to that class of business) certainly does.
I'm quite familiar with the often questionable employment practices in hospo ("permanent casual", anyone...?), and I do agree with Rod's advice that starting an action now may not be the best choice.
Indeed not.
But, closure by operation of law (such as closing in compliance with a Public Health Order applicable to that class of business) certainly does.
Thanks Tim,
My partner is a full-time employee, with a contracted 40hrs/wk as bottleshop manager. I feel the employer could have at least offered a reduced amount of hours. But there was no discussion at all, just advice of stand down. The bottleshop is currently still open 59.5hrs a week.
We're certainly in no rush to take action. We have applied for available Gov benefits as my partner was the sole income earner.
My partner is a full-time employee, with a contracted 40hrs/wk as bottleshop manager. I feel the employer could have at least offered a reduced amount of hours. But there was no discussion at all, just advice of stand down. The bottleshop is currently still open 59.5hrs a week.
We're certainly in no rush to take action. We have applied for available Gov benefits as my partner was the sole income earner.