QLD Unreasonable direction

[jwelchnz]

On 23rd March I took leave without pay due to COVID-19 and being employed within the Aviation Sector. This was approved the same day and my intention was to return to NZ to collect social security during these uncertain times. On the 24th of March I received a stand-down letter. However due to being approved for special leave without pay this superseded the stand-down direction. 25 March I returned to NZ 6 hours before the country went into level 4 lockdown. On arrival I was required to self isolate for 2 weeks.

March 30 JobKeeper was announced and I met the eligibility criteria. April 4 I requested to be stood down and for a longer period of time due to being in NZ and in lockdown. The response on the 6th of April which i felt was unfair and unreasonable was I return to Australia cancel my leave without pay and take part in the stand up and stand down rotational roster period. Can my employer request this? I couldnt leave isolation and travel was limited during this time

 

[Rod]

Can my employer request this?

Yes, assuming you completed your JobKeeper nomination form.

However bearing in mind you have resigned, I'm unclear what you hope to achieve.

 

[jwelchnz]

I'd like to know if it's reasonable and lawful for an employer to ask me to return to Australia while in quarantine and mandatory lockdown.

And if I should of be afforded a nomination.

As it stood they would not assist which resulted in resignation. The resignation was forced as they would not allow job keeper unless I returned, and in order to receive support in NZ I had to be unemployed. NZ have a reciprocal welfare arrangement which included JobKeeper. As far as NZ was concerned I am employed I get that.

 

[jwelchnz]

I am.yhinking of taking legal action, general protection in the courts.

 

[Rod]

I'd like to know if it's reasonable and lawful for an employer to ask me to return to Australia while in quarantine and mandatory lockdown.

Most likely no.

However you are outside the 21 day window to apply unless you seek leave for an extension. Being locked down and unable to return may be sufficient reason for a request.

Then the issue is whether you resigned too early. Hard to know without significant details that are beyond the assistance provided through an online forum.

 

[jwelchnz]

Rod, thank you for you help. I think your right it's a no. I need to go to a lawyer