For most workers in Australia right now, you or someone you know has probably come down with the ‘rona recently. But does this mean your boss gets to make mincemeat of your worker’s rights? Absolutely the fuck not. Here’s a handy little guide for those navigating some of the more awkward situations that can arise when your boss starts feeling a little bit too Bezos-y.
For starters, workers actually do have a fair amount of wiggle room when it comes to taking time off work, even if you are a casual employee per Australian Unions.
Your boss cannot lawfully coerce you to work if you are sick.
For those with sick leave entitlements: you may take this leave.
For those without sick leave: you are entitled to leave without pay.
Every worker has the right to stop work if it is unsafe.
— Australian Unions (@unionsaustralia) January 8, 2022
Just to reiterate, sick leave is paid leave that is accrued throughout the year. Part-timers and full-timers normally get a certain amount of paid sick leave days per year. This can be used if you come down with madam spicy cough.
Those without sick leave such as casual workers can also take as much time off as they need. However their workplaces aren’t obligated to pay for the casual shifts they missed.
Although it may not feel like it sometimes, your boss actually has a legal requirement to make sure you’re safe at work – this includes COVID protection measures.
As a baseline – nobody is required to work while sick. Further, if you reckon your workplace is unsafe for any reason and your boss still makes you work – that is literally illegal and you’re more than within your rights to take action.
Every employer has a duty to ensure the health and safety of their employees.
Every worker has a right to take leave if unfit for work and to stop work if work is unsafe.
— Australian Unions (@unionsaustralia) January 8, 2022
If your boss ever makes you feel uneasy and you feel like you need more support, consider joining your industry’s respective union.
Here are a few of the common ones for young folk.
There’s the Hospitality Workers Union for restaurant, bar and cafe staff. The Media, Entertainment and Arts Alliance (MEAA) for cinema workers, production staff, photographers etc. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for anyone doing manual labour and finally the Australian Services Union covers most jobs that require you to sit behind a desk.
No it’s not right. Every worker is entitled to leave if sick, even if casual or you have run out of paid leave and your boss is unreasonable
— Sally McManus (@sallymcmanus) January 8, 2022
Unions require a small membership fee but the potential value can be enormous. They can back you up with solid advice or even legal representation if push comes to shove. If you just need general info or some emotional encouragement, they likely won’t charge you a cent!
Lastly, if you are a casual worker or you have exhausted all your paid leave for the year – you can apply for the federal government’s $750 payout. You can read our guide on how to apply for that here.
Stay safe out there folks and always remember to sing out for help if your boss is being a huge dipshit.
