NSW Employment Law - Not Licenced to Operate - Can I Refuse Management's Requests?

[Raymond]

I have the following licences: dogman and self-erector crane licence. My employer has asked my project manager and site manager if I would go and operate a hammerhead crane for which I don't have a licence on another site to help to move a backlog of materials off the road and onto the site, as their usual operator had been sacked. I obliged and very reluctantly explained that I didn't have the correct licence and that what I was doing is probably illegal?

They have since asked me to perform these duties again indirectly through site managers and project managers and I have reluctantly obliged again as I feel I have to against my better judgement. I believe that what I am doing is illegal without the correct licence in place and that I am being pressured into doing this for fear that it would jeopardise my position or job.

Under Employment Law, can I just refuse to carry out these demands from my company as I feel my licences are at risk?

 

[Rod]

Yes. But as you are already aware, there can be complications.

What if you suggest they pay for you to complete whatever qualification is needed so you can legally operate the crane?

Point out to them that if there is an accident then you and they become liable for damages that insurance could rightly refuse to cover.

 

[Serge Gorval]

A reasonable management direction must be lawful.

Clearly it is unlawful for you to operate this crane making this direction unreasonable.

You have every right to refuse the direction. if the employer takes any action against you, you will have remedies under employment law, specifically a claim for adverse action.

But as said above, think about how you may want to approach this.