There are a number of questions we are asked frequently, for which there is a short yes, no or maybe answer - but the answer is usually no. Often we know that you know the answer is no, but you are hopeful we might come up with a clever way of making it a yes. Have a look at this list of questions and see if you would have answered correctly.
Can I do That? Floods Edition

When floods hit, employers are often left wondering what they can and can’t do when it comes to managing their workforce. The answers aren’t always straightforward. Below are some of the most common questions we received.
Maybe. If your employees were willing and able to work, and you had to close due to flooding, you may be required to pay them to meet any minimum hours requirements in their Employment Agreements. There may be exceptions to this if the Employment Agreement includes a clause that allows for non-payment in such circumstances, such as a force majeure or wet weather clause. Always check your Employment Agreement first.
If you were open and had had work available but the employee is unable to access the worksite and cannot work from home, there is no obligation to pay. If reasonable, you could ask the employee if they wish to use annual leave to cover the period where they were unable to get to work. It is crucial that you get their agreement before doing this.
Yes. If there’s no clause in the Employment Agreement allowing otherwise, employees are entitled to be paid for their scheduled hours.
Only if the Employment Agreement allows it. If your Employment Agreement specifies, for example a 40-hour week, and doesn’t allow for averaging over two weeks, you must pay the full 40 hours for the affected week. Again, this is subject to any clauses that exempt this obligation.
Yes, but only after a proper risk assessment. Ask about their concerns, assess the safety, and if it’s deemed safe and within their skill set, you can require them to travel.
Yes, but you still must follow a process before reaching this decision which includes consulting with potentially affected employees. Even in emergencies, you must follow a proper redundancy process.
Probably, but it depends on the terms of the Employment Agreement and any exemption clauses. Sick leave is paid (and deducted from entitlement) for days that are otherwise working days for the employee. Check your Employment Agreement for specifics.
If you have an employment issue that you are unsure of how to resolve, please get in touch and we will be happy to help. [email protected]