When is an employee entitled to a guarantee payment?

The right to a statutory guarantee payment arises if an employee is not provided with work throughout a day or shift on which they are normally required to work. Such a day is referred to as a "workless day". The employer can withhold the employee's normal wages, and pay a guarantee payment, only if the contract of employment expressly specifies that the employee is paid only for the actual service rendered and is not entitled to payment if they do not perform any work.

The employer need not pay a guarantee payment if: the employer's failure to provide work on that day is directly or indirectly attributable to employees' industrial action; if an employee has been continuously employed for less than one month; if the employee unreasonably refuses an offer of suitable alternative employment on that day; or if they do not comply with the employer's reasonable request to remain "on standby" in case work becomes available on that day.