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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14069
Experience:  15years with H & R Block. Divisional leader, Instructor
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Are my husbands employer able to hold back payments worked

Customer Question

Are my husbands employer able to hold back payments for hours worked and then pay them when he is not working. At present he is employed as part time.
I don't think this is right and as I draw a partial disability pension I have to make sure this is correct.
Please help Ph(###) ###-####
Ada coates
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello

Your husband should check his award or agreement or contract of employment to see if it contains any stand down provisions.

The Fair Work Act 2009 includes provisions which enable employers to stand down employees, without pay, where they cannot usefully be employed during a period because of any stoppage of work for which the employer cannot reasonably be held responsible, such as a natural disaster. However, it is not mandatory for stand downs to be unpaid. An employer may choose to pay employees at their discretion.

The provisions of the Act only operate where the employee’s industrial instrument or contract of employment does not contain a stand down provision that deals with the same circumstances.