Fury over Aussie boss' workplace request - Big Rigs

This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn tackle your legal rights when it comes to returning to work post-lockdown?

My employer has recently said that they want my team to come back to the office in late July but we will also need to be tested for COVID-19 before we can come back.

There is a logistic barrier to your employer’s request to require you to be tested for COVID-19 before returning to work.

Temperature testing is a more common measure employers are implementing and has been encouraged by various states’ chief health officers.

For mandatory temperature testing to be considered lawful, it would need to be as a precondition to entering the workplace.

Various factors would be taken into account based on the health and safety of employees and consumers, and the level of risk of the business.

Aged care, for example, would be a high risk industry due to the vulnerability of patients and a direction for mandatory temperature testing more likely to be seen as lawful.

Further, any temperature testing needs to be done in a way that also adheres to the privacy laws in Australia.

Before returning to work in the office, it is reasonable for you to ensure and demand that your employer has complied with Safe Work Australia’s National COVID-19 principles, which cover things like social distancing and cleaning protocols.

If this hasn’t occurred and there is a concern that you will be exposed to COVID-19, thereby creating a risk to your health and safety, you have the right to refuse to work in that unsafe environment.

If there is no risk to your health and safety by returning to work, we encourage you to consider whether you are eligible to submit an application to your employer to work flexibly, that is in your case, working from home.