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Old 29th Apr 2020, 06:03
  #26 (permalink)  
neville_nobody
 
Join Date: Jul 2003
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I’m not on AL at the moment. I’m stood down. I can elect to be paid my annual leave entitlements in lieu of being stood down unpaid. A subtle but important distinction.
That will be the question for the judge, whether there is a distinction or not. From reading the fair work act I think you are probably drinking too much company Kool Aid as I don't see where there specifies a distinction. If you are taking paid leave you are on leave end of story.

An employee may take paid or unpaid leave (for example, annual leave) during all or part of a period during which the employee would otherwise be stood down under subsection 524(1).
In the article quoted these people sounded like they were on long term sick leave, so I don't see why that would magically stop, as it is a form of leave, just one QF don't want to pay as there is no benefit to them.

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