NSW Pandemic Return to work

[Sadinoz]

work in IT, Due to the pandemic I have worked from home full time since March. This week I have been instructed to return to office-based working initially for one day, increasing over the next few months. I was not asked about health issues or risk concerns or anything, just told to return each week on Wednesdays initially. The nature of my role does not require me to be in an office, I have no person communication as part of my role. IT has successfully worked from home over the last 6 months, completing several projects. My main question is if I catch Covid-19 whilst at work (when the return to work is unnecessary) would I or my family be covered for compensation if I developed complications or even worse.

The return to work procedure appears to be without consideration and "Just for the sake of it", I and my colleagues cannot see the need or reason to return to work during a pandemic and no guarantee of fulfilling personal health issues or concerns including stress.

 

[Atticus]

My main question is if I catch Covid-19 whilst at work (when the return to work is unnecessary) would I or my family be covered for compensation if I developed complications or even worse.

As long as an employer has implemented that states covid safety plan requirements (if they exist for that workplace) then the employer is within their rights to ask employees back to the office .... Apart fro the normal sick leave entitlements you probably couldn't seek compensation

I and my colleagues cannot see the need or reason to return to work during a pandemic and no guarantee of fulfilling personal health issues or concerns including stress.

Have you taken the issue to your union? What do they say?

 

[Rod]

This is not a straight forward area of law at present.

Need to read what Public Health NSW says about workplaces (I'm in Vic) to see if you are allowed back (eg 4 square metres of space).

Generally the employer get to say where and when you work, or the Government, not you.

However you can request flexible working arrangement in certain situations. There are no blanket rules here and your individual circumstances will dictate as to whether the request is a reasonable request (kids at home, caring for elderly parents, medical pre-condition, etc).

If you catch COVID-19 at work, you would likely qualify for WorkCover. If you take the virus home and infect others and they suffer serious consequences as a result, I do not like your chances of compensation unless you can show your employer was somehow negligent. Having a COVID plan and following a plan would make it very hard to successfully go after the employer.

I'd be asking question about air-conditioning, opening of windows, and measures implemented to prevent the spread of COVID-19 through air-conditioning systems, wearing of masks, sanitization of common work areas, long term effects of constantly applying hand sanitizer, temperature checks at work, attendance records for tracing, etc.