The hospitality industry has been significantly impacted by the
COVID-19 pandemic, with many businesses facing a stoppage of work
as a result of government-mandated lockdowns, and having a
subsequent shortage of available hours for employees.
A
recent decision by the Fair Work Commission (the
"FWC") demonstrates that while employers
must ensure that they have a legitimate reason to stand down
employees, in some circumstances employees will have a part to play
in sharing the burden of dealing with COVID-19.
Background
The Applicant worked for the Respondent's hotel on the Gold
Coast. Following the Queensland government mandated shut down from
1 August 2021 and 8 August 2021, the Respondent operated with a
"skeleton staff", including the Applicant. In a series of
communications sent by the Respondent from 3 August 2021, the
Applicant was stood without pay until 13 August 2021.
