What are my employer’s wage subsidy and wage payment obligations during Covid alert levels?
Employment Rights Fact Sheet
What are my employer’s wage subsidy and wage payment obligations during Covid alert levels?
If your employer can operate their business (see Fact Sheet 1), they must offer you work as usual. If they can’t offer you work, you must be paid your full pay.
If your employer can operate their business, and you choose not to work (for whatever reason), you are not entitled to payment: but you may ask to be paid sick leave and/or annual leave and/or any subsidy available
ANY WAGE SUBSIDY DOES NOT OVERRIDE EMPLOYMENT LAW
If your employer is concerned that they cannot meet 100% of your wages, then they must seek your agreement. You may want to get creative: could you agree to be paid less now, but have one annual leave day added to your accrual?
If your employer cannot paY 100% of your wages, and you cannot provide an agreement, your employer must follow a restructure type process: involving consultation and feedback.
Casual Workers:
If you’re a casual employee, you aren’t entitled to an expectation of work, and therefore of wages. However, your employer is able to apply for the wage subsidy for you (if they meet the applicable revenue threshold).
It is our view at RBHU that if your employer unreasonably fails to do so, you may have grounds for a personal grievance for unjustified disadvantage.
