Scott Morrison – Scott Morrison – Scott Morrison – How employees could sue their bosses if they return to work and catch Covid-19 while on the job | Fintech Zoom | Fintech Zoom
Scott Morrison – Scott Morrison – How employees could sue their bosses if they return to work and catch Covid-19 while on the job | Fintech Zoom
Employees are able to sue their bosses if they catch Covid-19 while commuting to work or while in the office and there is no legal requirement for anyone to be called back in if they can work from home.
Those that have enjoyed remote working since the early months of 2020 can argue their case for not returning to the office, with employees able to sue their company if they contract coronavirus.
According to current state government rules, companies can’t force employees to return to the office, ‘if it is reasonably practical for them to work from home or another location’, reported the Herald Sun.
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Employees who are forced back to the office can sue the company if they contract Covid-19 while in the workplace or on their commute
Return-to-work disputes that ‘escalate’ would likely end up being mediated before the Fair Work commission said Trades Hall Council secretary Luke Hilakari.
Mr Hilakari said privileges for ‘vulnerable’ workers could also be necessary, to be used by people who are putting their health at risk by returning to work.
Employers could be accused of breaching their duty of care to their workers by exposing them to an unnecessary risk said Larry Dent, partner at Arnold Thomas and Becker.
‘Depending on the severity of the illness suffered by the worker, the employer could be open to paying substantial compensation.’
Businesses could be forced to pay substantial compensation to their workers if they contract Covid-19 while on the job
With the high rate of unemployment across the country, it would be hard for employees to refuse a direction to return to work, said Professor John Buchanan, head of business analytics at the University of Sydney’s Business School.
There is currently 940,000 Australians who are currently unemployed and looking for work, reported The Sydney Morning Herald.
‘In the current situation employers have deep structural power and we can talk about what is optimal, but employers can pick and choose,’ Professor Buchanan said.
Current state government rules state that an employer can’t force an employee to return to the office if it is reasonably practical for them to work from home or from another location
It’s predicted that most workplaces will work towards a blend of remote and on-site working days in the opinion of Victorian Chamber of Commerce and Industry chief Paul Guerra.
‘We are seeing businesses that are able to operate remotely coming to the table in good faith and permitting a hybrid approach where employees work from home and the office.’
‘There will need to be some give and take to make it work’.