Harris and Secretary, Department of Employment

This matter concerned an application by Mr Harris against a decision by the Secretary of the Department of Employment. Mr Harris had been informed by his employer, Global, that he was stood down without pay from 1 December 2013. Subsequently, the Department determined that Mr Harris had been overpaid $14,706.00 for the period between 1 December 2013 and 10 January 2014, as he had been stood down without pay during this time. The Department sought repayment of this amount.

The legal issues before the Tribunal were whether Mr Harris was entitled to wages for the period he was stood down without pay, and whether the Department's decision that he had been overpaid was correct. This involved determining whether any work was performed by Mr Harris at the request of his employer during the stand-down period, or if he was entitled to paid leave. The Tribunal also considered Mr Harris's challenge to the legality of the stand-down itself, although this had not been resolved by the Fair Work Commission.

The Tribunal acknowledged Mr Harris's frustration but found that, despite his voluntary engagement with clients and suppliers, he had not been requested or expected to perform any work by his employer during the stand-down period. He was kept informed of the company's restructuring and was formally advised of his termination on 10 January 2014. The Tribunal applied the principles of the Fair Work Entitlements Guarantee Act (FEG Act), which defines wages entitlement as being for work done or paid leave taken. As Mr Harris had not undertaken work at his employer's request nor been granted paid leave between 1 December 2013 and 10 January 2014, the Tribunal concluded that he was not entitled to wages for this period.

The Tribunal affirmed the Department's decision that Mr Harris had been overpaid $14,706.00 and was required to repay this amount within 28 days of the decision.