A stand down is not lawful when:
The business is open and work is available, and
Employees simply cannot travel to work due to fuel shortages, transport disruption, or lack of access to vehicles.
This remains true even if multiple employees are affected. Employee unavailability is not a stoppage of work.
A stand down may be lawful only when:
There is a genuine stoppage of work, and
The cause is outside the employer’s control, and
Employees cannot be usefully employed.
Examples include:
The business cannot obtain essential fuel, materials, or supplies required for operations.
Government fuel rationing or emergency orders force the business to close.
The absence of multiple employees means the business cannot legally or safely operate (for example, mandatory staffing ratios, licensed operators, or safety‑critical roles).
Machinery or equipment cannot operate due to lack of fuel or essential inputs.
This includes:
Fuel shortages
Public transport disruption
Lack of access to a vehicle
Road closures
Multiple employees being unable to travel
The business cannot obtain essential fuel or materials
Government restrictions force the business to close
The business cannot legally or safely operate due to staffing shortages in critical roles
Machinery or equipment cannot operate due to lack of fuel
If the business is open and work is available, stand down is not lawful.
If travel is unsafe or impossible due to fuel shortages or government restrictions, you should not take unreasonable risks. Clear communication with your employer will help both of you manage the situation safely and respectfully.
