A common question for employers is whether and in what
circumstances can they stand down an employee.
At common law there is no general right to stand down or suspend
an employee without pay absent an express contractual term (see
discussion of cases at [65] to [73] of Coal & Allied Mining
Services Pty Ltd v MacPherson [2010] FCAFC 83 (12 July
2010)).
The evolving industrial landscape has prompted legislation which
provides a statutory right to stand down. This is currently found
in section 524 of Fair Work Act 2009 ("Employer
may stand down employees in certain circumstances"), and
is a section that often causes uncertainty and confusion.
Section 524(1) provides a right for an employer to
"stand down an employee during a period in which the
employee cannot usefully be employed" because of one of
three circumstances set out in the subsection (discussed further
below).
