Workplace Relations – Accommodation Association
September 4, 2020 12:57 pm
Disciplining JobKeeper Employees who Won’t Work
The JobKeeper scheme continues to dominate the Association’s IR Helpdesk services. Commonly, members are seeking guidance in dealing with employees refusing to work whilst in receipt of JobKeeper payments.
Here is a general overview of these issues
The facts are that employees have a legal obligation to perform work in accordance with the JobKeeper enabling directions, and if they refuse without a reasonable and valid reason, employers are entitled to commence disciplinary proceedings, which in some circumstances could include termination of employment.
What is a reasonable refusal?
Determining a valid reason is often difficult. Here are indicative situations where a refusal to work could be considered reasonable or valid.
- With the employer’s consent, a stood-down employee has taken on training or professional development at the employee’s cost and is unable to rearrange the training schedule.
- An employee whose school or childcare centre has closed, and no other suitable person is available to mind the children.
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