An important judgment has been handed down by the Federal Court
regarding the question of whether stood down employees can access
paid personal leave (including sick leave). The Honourable
Justice Flick, the judge presiding over the case, concluded that
the question be answered in the negative.
The decision is significant for two main reasons:
First, there has been no appeal lodged against His Honour's
decision, so consequently the decision is to be taken as the
standing judicial authority on the issues raised by the case.
Second, His Honour's ruling provides a clear statement, with
general application, as to the construction of s 525 of
the Fair Work Act 2009 (Cth)
(the Fair Work Act) regarding an
employee's access to paid personal leave during a period of
stand down. While the case arises in the context of employer
responses to the extraordinary circumstances of the current
Coronavirus pandemic, His Honour's decision cannot be regarded
as one that is limited
