DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- Being stood down means you are told not to work, and your employer may stop paying you, but you are still employed.
- An employer can only do this without pay in limited cases, such as an equipment breakdown or a stoppage outside their control. A quiet period is usually not enough.
- Your award, agreement or contract may have its own rules, and those come first.
- If you were stood down unlawfully, you may be able to recover the pay you missed.
What this usually means
Being stood down means your employer has told you not to come to work, and may not pay you for that time. You are still employed. It is not the same as being sacked.
Under the Fair Work Act 2009, an employer can usually stand an employee down without pay only in limited cases. The employee cannot be usefully employed because of something outside the employer's control. The Fair Work Ombudsman gives examples such as an equipment breakdown, industrial action, a complete stoppage of work because of a government shutdown, or severe weather.
A business simply being quiet is usually not enough. Your award, enterprise agreement or contract may also have its own stand down rules. If it deals with the same situation, those rules apply instead.
People also say "stood down" when they are told to stay home while their employer looks into a complaint. That is more often called a suspension. The pay rules can differ, so check your contract and award.
This is general information. Whether your stand down was lawful depends on the facts, which a service listed below can check.
What you can do now
- Ask for the reason in writing. A short email asking why you were stood down, for how long and on what terms is enough.
- Find your award or agreement. The Fair Work Ombudsman website has an award finder. Your payslip or contract usually names it.
- Keep records. Save messages about the stand down, your payslips and your roster before and after.
- Do not resign in frustration. Resigning can change your rights. Get advice first.
- Check other support. If you are not being paid, ask about leave you can access, and check what Centrelink may offer. Services Australia can tell you.
- Get advice on whether it was lawful. Contact the Fair Work Ombudsman, a union, Legal Aid Queensland or a community legal centre.
Pay problems and stand downs also overlap with leave. If you were stood down without pay, you generally cannot use paid sick or carer's leave for that time. Annual leave is a separate question, so ask before you assume you can or cannot use it.
If your employer says it was a "shutdown", that is a different thing. A shutdown usually happens when a workplace closes for a set period, such as over Christmas, and the rules depend on your award or agreement. The Fair Work Ombudsman explains the difference between a stand down, unpaid leave and a shutdown on its website.
Time away from work because of a stand down counts as service. It does not break your continuous service, so it should not affect things like notice or redundancy pay later. Keep your own note of the dates you were stood down, in case your employer's records differ from yours.
Time limits
There is no short deadline for most stand down problems. If you want to recover unpaid pay, a small claim usually must be made within 6 years of the date the underpayment happened. Sooner is easier. Records are fresher and the pay is easier to calculate.
If you are sacked during or after a stand down, the 21 day limit for unfair dismissal and general protections claims applies. See the guide on being sacked.
If it goes further
The Fair Work Ombudsman can often help try to resolve a pay problem first. If that does not work, you can make a small claim in the Federal Circuit and Family Court or a Queensland magistrates court. Small claims are for amounts up to $100,000. They are usually faster and less formal than other court cases. Both sides usually speak for themselves. A lawyer needs the court's permission.
Questions to ask whoever helps you
- Does my award, agreement or contract have its own stand down rules?
- Was the reason my employer gave a lawful reason to stand me down without pay?
- If it was not lawful, how much pay might I be able to claim?
- Does this stand down affect my leave or my length of service?
- Is what happened to me a stand down or a suspension?
Good questions
Am I still employed if I am stood down?
Yes. Stand down is not a dismissal. You stay employed, and the time still counts towards your continuous service.
Can I use sick leave or annual leave while I am stood down?
If you were stood down without pay, you generally cannot use paid sick or carer's leave for that same time. Ask your employer or an adviser about annual leave.
My boss said there is not enough work. Is that a lawful stand down?
Not usually. A quiet period or not enough work is generally not a reason to stand someone down without pay. Check your award or agreement and get advice.
What if I was told to stay home while they investigate a complaint?
That is usually a suspension, not a stand down. Pay rules depend on your contract and award. Ask whoever helps you.
Words you might hear
- Stand down
- When an employer tells employees not to work, and not to be paid, because there is no useful work for them to do for reasons outside the employer's control.
- Award
- A legal document setting minimum pay and conditions for an industry or job.
- Continuous service
- How long you have worked for your employer without a break that ends the job. It affects notice, leave and redundancy pay.
Where this comes from
- Stand down (library article K600634), Fair Work Ombudsman
- Difference between stand down, unpaid leave and shut down (K600633), Fair Work Ombudsman
- About the small claims court, Fair Work Ombudsman
- Dismissal, Fair Work Ombudsman