Laws

The Victorian government says it is actively surveilling businesses failing to adhere to social distancing and personal protective equipment rules, under an ongoing WorkSafe “blitz” designed to promote compliance with COVID-19 regulations.

In a historic decision, the Federal Court of Australia has ruled that workers have a legal right to toilet breaks and to drink water while at the workplace.

Attending work conferences can be educational, inspiring and sometimes even a bit of fun. Some may even go as far as to say that there were more excited about the post-conference socialising than the topics being presented on.

A recent court case highlights the difference.

In Jamsek v ZG Operations Australia Pty Ltd [2020] FCAFC 119, the Full Court upheld an appeal that two delivery drivers were employees, not contractors. The Full Court held that, while a contractor relationship may exist in principle, it is the totality and reality of the relationship that will determine whether a person is a contractor or an employee.

It was the conflict of interest surrounding John Nagle’s wife and her contract with icare that proved to be the last straw. After a week of negative press and calls for his head, on the back of a joint media investigation with The Sydney Morning Herald and Four Corners, Nagle finally fell on his sword.

Employers are now required to notify WorkSafe immediately when they become aware a worker has received a confirmed coronavirus (COVID-19) diagnosis.

There has been considerable publicity in the media recently about respiratory problems caused to people from the cutting of engineered stone kitchen benches.