Employee Rights During Business Closures

In Queensland, natural disasters like Cyclone Alfred can significantly impact both businesses and employees. Understanding your rights and the available support during such events is crucial. This blog gives you an overview as to your potential entitlements, government assistance that may be available to you and business assistance offered during these stressful and uncertain times.   

This article is general in nature, and you must seek appropriate legal advice about your specific situation to make sure that your unique circumstances and the terms of your employment contract are considered.   

What are Your Rights as an Employee during Business Closures?

If your employer temporarily closes the business due to a natural disaster, your entitlements depend on various factors:

Stand Down Without Pay:

Under the Fair Work Act 2009 (Cth), employers may stand down employees without pay during periods where they can’t be usefully employed due to circumstances beyond the employer’s control, such as natural disasters. However, this doesn’t apply if an enterprise agreement or contract provides otherwise. https://www.fairwork.gov.au/tools-and-resources/fact-sheets/rights-and-obligations/employment-entitlements-during-natural-disasters-and-emergencies?

Paid Leave:

Employees might use accrued annual leave or long service leave during such closures, subject to employer approval.

Enterprise Agreements or Awards:

Specific entitlements during natural disasters may be outlined in applicable awards or enterprise agreements.

What Government Assistance is available for Employees during Business Closures?

If you are in Queensland and your employer has shut down business because of Tropical Cyclone Alfred, you may be eligible for several types of state and local government assistance. Here are some examples:

Australian Government Disaster Recovery Payment:

You may be eligible for a is a one-off, non-means-tested payment for people who have been significantly affected by a disaster. Check the Australian Government’s Services Australia website for eligibility details.

Disaster Recovery Allowance:

If you have lost income as a direct consequence of Tropical Cyclone Alfred, you may be eligible for short term income support for up to 13 weeks.  

State Government Assistance:

The Queensland Government may offer you additional support, such as, for example, community recovery services or grants. Check the Queensland Government’s disaster recovery website for specific programs that may assist you.

Eligibility criteria and payment amounts can vary. For detailed information, visit the Queensland Government’s disaster recovery support page. https://www.qld.gov.au/community/disasters-emergencies/disasters?

Local Council Support:

Some local councils may provide help and guidance if Cyclone Alfred has affected you.  

For the most accurate and up-to-date information, visit official government websites or contact relevant agencies for the exact information you need about your eligibility and the application processes for assistance and support.

What support is available for businesses?

If Cyclone Alfred has impacted your business, you may be able to access support to get back on track.

Disaster Recovery Funding Arrangements (DRFA)

If your business has been affected by a natural disaster, such as Cyclone Alfred, the Australian and Queensland Governments may provide financial assistance. This could include grants or low-interest loans to assist your business with recovery efforts.

For comprehensive information on available support, refer to the Queensland Reconstruction Authority’s recovery funding assistance. https://www.qra.qld.gov.au/recovery-hub/recovery-funding-assistance?

Disaster Assistance Loans:

If you have a small business and your business assets require repairs, you may be eligible for a loan to assist you to repair or replace damaged assets or working capital.

Insurance Assistance:

The Insurance Council of Australia can provide advice on claims and offer support to you if you are dealing with your insurers.

Business Support Programs:

The Queensland Government offers specific programs designed to assist businesses to recover, including advisory services or financial counselling.

Tax Relief:

If your business operates within an area affected by natural disaster, such as Tropical Cyclone Alfred, The Australian Tax Office (ATO) may offer you a deferral or payment plan. It is well worth having a conversation with the ATO or your accountant.

Local Chamber of Commerce:

Your local chamber of commerce can offer advocacy, connection, resources, networking for businesses impacted by natural disaster, such as Tropical Cyclone Alfred. Other business owners and employees in your local area will understand what you are going through and may offer you information, friendship and the support you need to pull through and thrive.   

This is the website of the Noosa Chamber of Commerce It is a particularly active, lively and supportive chamber.

Here is the local government disaster dashboards page.

What else should you consider?

Workplace Health and Safety:

Employers must ensure a safe working environment. Once Tropical Cyclone Alfred has been through your business it is important to assess and mitigate any new hazards before going back to business as usual.

Flexible Work Arrangements:

You can request flexible work arrangements or leave if you are facing challenges, such as property damage to your home or you have increased caregiving responsibilities as a result of Tropical Cyclone Alfred.

Community Support Services:

As well as financial and practical help to get you back on your feet, you may need a combination of other services for example counselling and emergency housing. These services are available to support you.

Are you or your business affected by Cyclone Alfred?

If you are going through or recovering from the aftermath of Cyclone Alfred, it’s important for you to understand your rights as an employee or business owner and it is important that you take care of your health and home. Make sure you have appropriate support systems in place. Whether you are a business owner or an employee, stay informed and lean into available resources to ensure your safety and well-being through the uncertainties that Cyclone Alfred brings.

Your support system may include a team of friends, family and professionals to help you to regroup and get back on track.  If you need a reliable, trustworthy local commercial and family law firm on your team  Anumis Legal offers expert commercial law and family law guidance.

For your complimentary chat or to book an appointment so that we can advise and assist you – whether you have a business, employment or family law concern, call Anumis Legal on 07 5455 6347 or book your free chat, now.