JobKeeper confusion triggers unfair dismissal claim
The Federal Government’s JobKeeper scheme is causing a spike in hospitality workers reporting unfair dismissals as confusion around the crisis program increases.
The Fair Work Commission has reported the number of unfair dismissal applications received in April was 65 per cent higher than in the same period last year.
The JobKeeper program was launched as a way to help Covid-19 affected businesses retain staff throughout the crisis with a set payment of $1500 a fortnight.
But a lack of clarity around the scheme has seen some workers asked to work additional hours as employers look to make a reasonable use of their time.
Medical student and pub worker Emma Scealy has launched an unfair dismissal claim against her former employer Customs House, according to a report in the ABC.
Scealy was placed on the JobKeeper payments on the understanding she agreed to work 20 to 25 hours per week, doing cleaning, which was a 10 to 15 hour increase in the number of hours she normally worked during her shifts.
Scealy was among four other workers who questioned whether they had to do the additional hours to get the payment. Soon after all five workers had their employment terminated.
While the hotel denies the staff terminations were related to their questioning, Scealy has filed an unfair dismissal claim.
Australian Hotels Association national CEO Stephen Ferguson said that employers were operating in difficult conditions as they had to cover the wages of employees on JobKeeper until the government reimbursed them.
The regulations state that employers can ask their staff on JobKeeper to work a reasonable number of hours, but that workers can refuse anything they think is unreasonable.
Sheridan Randall, 26th May 2020
