The issue of meal and rest breaks began with one class action in a single franchise network a few months ago, however now it has evolved to numerous class actions across multiple different franchises. The claims from the workers and their representation are essentially the same, they have been either deliberately denied rest or meal breaks, or the breaks haven’t been enforced as required under the awards or agreements they are covered by.

Whilst most businesses are winding down for a break over the Christmas period, some employers in Queensland, Western Australia and Tasmania are frantically trying to assess whether they will have sufficient staffing levels to survive the holidays.

As COVID-19 restrictions gradually lift across Australia, employees will be returning to work, or in some states, they may have already returned. It is important that employers therefore have a plan in place for their employees to return to work and how they will manage the COVID risk when they are back.

General Protections laws are intended to protect basic workplace rights, including freedom of association and shielding workers from workplace discrimination in accordance with international labour conventions. Under these laws, it is unlawful to take adverse action against a person because of a proscribed reason. Additionally, General Protections laws provide effective relief for persons who have suffered adverse actions, such as being discriminated against, victimised, or have experienced other forms of unfair treatment.