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Employee Stand down Letter

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Australian employees may be "stood down" under the Fair Work Act 2009 (Commonwealth) if they cannot be usefully employed because of a stoppage of work for any cause for which the employer can’t reasonably be held responsible. Employees that are stood down remain employed during the period of the stand down, although the employer may not be required to pay them during the period of the stand down. If an employer is proposing to stand down employees, it is important that the employer makes sure there has actually been a "stoppage of work" and the employer "cannot reasonably be held responsible" for the stoppage, in accordance with the Fair Work Act. A mere downturn in work is not sufficient. For example, if the government has ordered that the employer shuts their business, this might qualify as a stoppage of work, the cause for which the employer cannot reasonably be held responsible. But if there has just been a reduction in revenue, so the employer is having to cut back on staffing costs, this may not qualify. As a result, the "stand down" provisions under the Fair Work Act might not apply, meaning that the employer might still be required to pay staff salaries/wages. Employers should exercise the option to stand down cautiously, because if they stand down their employees unlawfully, their employees may be able to recover unpaid wages, and the employer could face penalties for breaching the Fair Work Act. Further information about standing down employees is available from the Fair Work Ombudsman and from the Fair Work Commission. Enterprise agreements, awards, and employment contracts can have different or extra rules about when an employer can stand down an employee without pay, for example, a requirement to notify or consult. If in doubt as to whether or not employees can be stood down, seek legal advice.

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________
________
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Email: ________


To: All staff of ________



________



Subject: Closure of business


Dear All:


We are writing to inform you that unfortunately, as a result of recent business conditions, as of ________, we shall cease operating our business for the time being. This is a difficult time for us all and this decision has been considered very carefully. We can assure you that this does not mean that you shall lose your job with ________.

Unfortunately, we have had to cease operations of the business for the following reason:

________

88 82 552 82822 225825 22 88282, 225 5258228 2552 552 2528852 255 8222528, 252 "82525 5282" 2528888228 52525 252 Fair 2252 882 5888 (822222825825) may 52282.

These provisions mean that your job is protected through this period, notwithstanding that we are unable to usefully employ you. If you wish to receive some income through this period, then you may speak to us about accessing some of your leave entitlements.

We are also applying for the Australian Government's JobKeeper Allowance, and we understand that all employees are likely to be eligible for payments of at least $1,500 per fortnight (before tax) under this scheme, while the scheme remains in operation.

When we are able to return to operating as normal we shall inform you of this as quickly as possible.

Due to the closure of the business the best way to contact us throughout this period is by the following method:

________

22 522822882 225 522 825288 2552 2588 2528288 525 52888822 252 85582. Should you have any questions relating to this letter and its contents please do not hesitate to contact us at your earliest convenience.



Yours faithfully,




________

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________
________
________
Email: ________


To: All staff of ________



________



Subject: Closure of business


Dear All:


We are writing to inform you that unfortunately, as a result of recent business conditions, as of ________, we shall cease operating our business for the time being. This is a difficult time for us all and this decision has been considered very carefully. We can assure you that this does not mean that you shall lose your job with ________.

Unfortunately, we have had to cease operations of the business for the following reason:

________

88 82 552 82822 225825 22 88282, 225 5258228 2552 552 2528852 255 8222528, 252 "82525 5282" 2528888228 52525 252 Fair 2252 882 5888 (822222825825) may 52282.

These provisions mean that your job is protected through this period, notwithstanding that we are unable to usefully employ you. If you wish to receive some income through this period, then you may speak to us about accessing some of your leave entitlements.

We are also applying for the Australian Government's JobKeeper Allowance, and we understand that all employees are likely to be eligible for payments of at least $1,500 per fortnight (before tax) under this scheme, while the scheme remains in operation.

When we are able to return to operating as normal we shall inform you of this as quickly as possible.

Due to the closure of the business the best way to contact us throughout this period is by the following method:

________

22 522822882 225 522 825288 2552 2588 2528288 525 52888822 252 85582. Should you have any questions relating to this letter and its contents please do not hesitate to contact us at your earliest convenience.



Yours faithfully,




________