Workplace Issues for Employers and Employees
During the COVID-19 crisis, there have been a number of information releases directed to employers from public authorities. Unfortunately, in some circumstances, the recommendations made appeared to be contradictory.
This has led to many employers making their own decisions about the operation of their businesses, including requiring employees to work from home, closing offices, requiring certain employees to self-isolate, restricting travel, restricting human contact or simply continuing with business-as-usual.
The following are some general answers to employment questions that have been raised with us during the crisis.
Do employers have an obligation to protect employees from COVID-19?
Yes. Under NSW Work Health and Safety Legislation, employers have a primary duty to ensure the safety of their employees. This duty requires employers to take steps to ensure, so far as is reasonably practicable, that their workplaces do not pose health and safety risks and that there are safe systems of work in place.
This duty does not stop at the physical office or place of work and extends to employees working from home. (See Workers Compensation above)
We recommend that all employers provide their employees with information about the risks of COVID-19 and provide instructions to minimise those risks. Then, the employer should monitor current information and recommendations from public authorities and mitigate the risks in the workplace.
A handy website to keep up to date with the latest COVID-19 health information is: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert
Can an employer stand down employees?
Yes, in some circumstances. An employer may stand down an employee during a period in which the employee cannot usefully be employed because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible. Therefore, if an employee cannot perform his or her ordinary duties because the business has shut (or substantially reduced) its operations due to COVID-19, the employee may be stood down.
Directions to stand down must be reasonable and advance notice must be required. Further, enterprise agreements and employment contracts may restrict or amend an employer’s rights and obligations when standing down an employee.
Ordinarily, an employer is not required to pay an employee during a stand down. However, the JobKeeper program implemented by the Federal Government is designed to provide some relief for employees required to stand down.
Alternatives to a stand down might be requiring or requesting an employee to take annual leave or leave without pay.
Can I refuse to come to work if my employer directs me?
Generally, no. However, if you have specific concerns about your health and safety at the workplace, it may be reasonable for you to refuse to attend.
If you have any questions in relation to the above employment information, please call James Blaxland on (02) 6648 7487 who will readily provide advice on your specific circumstances.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
