Employer and Employee Rights and Responsibilities
Employers and employees have specific rights and responsibilities to follow in order to ensure safety and fairness in the work place.
Occupational Health and safety
The Work Health and Safety Legislation came into effect in 2011.
The Work Health and Safety Act 2011
This Act is the main piece of legislation in NSW, which sets out the obligations of employers to provide a safe working environment for all employees, contractors and workplace visitors.
The objectives of the Act are to:
Employer responsibilities are to:
The employee responsibilities are to:
The food service and catering industry is fast paced and involves heat, water, tools and machinery.
Common injuries include:
To avoid injuries it is important that food service and catering staff:
Industry Legislation
Industry awards
Awards are the minimum working conditions of employees in a particular industry. They are negotiated between unions and employers and are permanent until new and improved awards are agreed to. Employers who provide less than award conditions can be prosecuted.
Through awards all employees have the right to receive form employers:
Employees have responsibility to:
Enterprise agreements
Under enterprise agreements an employee or a group of employees can negotiate with employers to gain conditions that improve on the award. Once an agreement has been reached the improved working conditions are legally written down and cannot be breached.
Anti-discrimination legislation
Employers have a responsibility to provide a non-discriminatory work environment.
Under anti-discrimination legislation, employees and customers cannot be discriminated against on the basis of:
Workers also have a choice as to wether or not they join a union. It is illegal to force someone into joining a union or other worker associations even though unions play a valuable role in protecting the rights of workers and improving their conditions.
You cannot discriminate on the basis of gender so terms such as food and beverage attendant, wait staff, kitchen staff and chef are used.
Equal Opportunity Principles
Equal employment opportunity is about ensuring that everyone who is qualified for a job is given equal opportunity of being employed regardless of age, gender, religion, race, sexual preference, disabilities, marital status, or political opinion.
Employer and Employee Relationships
The relationship between the employer and the employee is important because it can affect the success of the catering establishment and good communication can prevent accidents and injury in the workplace.
If the relationship is sound, both the employer and the employee feel that they are more part of a team. Strong teamwork means the establishment has more chance of success. An important part of the relationship is for each person to be aware of their own and other people’s responsibilities.
Occupational Health and safety
The Work Health and Safety Legislation came into effect in 2011.
The Work Health and Safety Act 2011
This Act is the main piece of legislation in NSW, which sets out the obligations of employers to provide a safe working environment for all employees, contractors and workplace visitors.
The objectives of the Act are to:
- Secure and promote the health, safety and welfare of people at work
- Protect people at a place of work against risks to health or safety arising out of the activities of persons at work
- Promote a safe and healthy work environment for people at work that protects them from injury and illness and that is adapted to their physiological and psychological needs
- Provides for consultation and cooperation between employees in achieving these objects
- Ensure that risks to health and safety at a place of work are identified, assessed and eliminated or controlled
- Develop and promote community awareness of WHS issues
- Provide a legislative framework that allows for progressively higher standards of WHS to take into account changes in technology and work practices
- Protect people (wether or not at a place of work) against risks to health and safety arising form the use practices that affect public safety
Employer responsibilities are to:
- Ensure the safety and welfare of employees
- Supply safe equipment and machinery
- Provide safe access to the workplace
- Provide information, supervision and training
- Consult with employees on health and safety matters
The employee responsibilities are to:
- Cooperate with employers and colleagues
- Work safely
- Report problems
- Work productively to the best of ability
- Arrive ready and on time to work
- Follow established WHS regulations
The food service and catering industry is fast paced and involves heat, water, tools and machinery.
Common injuries include:
- Slips and falls
- Sprains and Strains
- Scolds and burns
- Cuts and abrasions
To avoid injuries it is important that food service and catering staff:
- Use safety signage such as ‘caution, wet floor’
- Wear protective clothing and shoes
- Have easy access to first aid and contact numbers
- Are trained in safety
- Keep work areas clean and clear
- Store chemicals appropriately
- Lift objects correctly
Industry Legislation
Industry awards
Awards are the minimum working conditions of employees in a particular industry. They are negotiated between unions and employers and are permanent until new and improved awards are agreed to. Employers who provide less than award conditions can be prosecuted.
Through awards all employees have the right to receive form employers:
- Award wages
- Award conditions such as leave entitlements
- Staff amenities such as access to toilets
- Superannuation towards retirement
- Workers compensation in case of injury and illness resulting from work
- Training, for example, in use of machinery and safe work practices
Employees have responsibility to:
- Work award hours
- Follow all reasonable instructions relating to employment
- Preserve confidentiality
- Give faithful service
Enterprise agreements
Under enterprise agreements an employee or a group of employees can negotiate with employers to gain conditions that improve on the award. Once an agreement has been reached the improved working conditions are legally written down and cannot be breached.
Anti-discrimination legislation
Employers have a responsibility to provide a non-discriminatory work environment.
Under anti-discrimination legislation, employees and customers cannot be discriminated against on the basis of:
- Age
- Gender
- Religion
- Race
- Culture
- Disabilities
- Sexual preferences
Workers also have a choice as to wether or not they join a union. It is illegal to force someone into joining a union or other worker associations even though unions play a valuable role in protecting the rights of workers and improving their conditions.
You cannot discriminate on the basis of gender so terms such as food and beverage attendant, wait staff, kitchen staff and chef are used.
Equal Opportunity Principles
Equal employment opportunity is about ensuring that everyone who is qualified for a job is given equal opportunity of being employed regardless of age, gender, religion, race, sexual preference, disabilities, marital status, or political opinion.
Employer and Employee Relationships
The relationship between the employer and the employee is important because it can affect the success of the catering establishment and good communication can prevent accidents and injury in the workplace.
If the relationship is sound, both the employer and the employee feel that they are more part of a team. Strong teamwork means the establishment has more chance of success. An important part of the relationship is for each person to be aware of their own and other people’s responsibilities.
Task 1
List the rights and responsibilities for employers and employees in relation to work health and Safety legislation and workplace relationships.
a) Employers should:
b)Employees should:
a) Employers should:
- Ensure the safety and welfare of employees
- Supply safe equipment and machinery
- Provide safe access to the workplace
- Provide information, supervision and training
- Consult with employees on health and safety matters
b)Employees should:
- Cooperate with employers and colleagues
- Work safely
- Report problems
- Work productively to the best of ability
- Arrive ready and on time to work
- Follow established WHS regulations
Task 2
Case Study
Julia has a part time job in a city restaurant, she has worked there for 2 months. The first week she had to work 5 nights straight without pay to see if she was capable of fulfilling the position. After this period, her employer started to pay her an hourly wage. This amount was significantly less than what her friends are earning in a similar positions at other establishments. They also get a break when working a full day on Saturday, but Julia has to work continuously.
Currently the restaurant is advertising for an apprentice chef. Julia is keen to apply but her boss has already told Julia that from his experience only males make good chefs.
1. Under legislation, what employee rights should Julia be entitled to?
2. What could Julia do to improve the situation?
Talk to the manager/ employer about receiving her basic rights. Find a different job that will give her what she is entitled to.
3. List four attributes that cannot legally form the basis for discrimination in employment and customer service?
Julia has a part time job in a city restaurant, she has worked there for 2 months. The first week she had to work 5 nights straight without pay to see if she was capable of fulfilling the position. After this period, her employer started to pay her an hourly wage. This amount was significantly less than what her friends are earning in a similar positions at other establishments. They also get a break when working a full day on Saturday, but Julia has to work continuously.
Currently the restaurant is advertising for an apprentice chef. Julia is keen to apply but her boss has already told Julia that from his experience only males make good chefs.
1. Under legislation, what employee rights should Julia be entitled to?
- Award wages
- Award conditions such as leave entitlements
- Staff amenities such as access to toilets
- Superannuation towards retirement
- Workers compensation in case of injury and illness resulting from work
- Training, for example, in use of machinery and safe work practices
2. What could Julia do to improve the situation?
Talk to the manager/ employer about receiving her basic rights. Find a different job that will give her what she is entitled to.
3. List four attributes that cannot legally form the basis for discrimination in employment and customer service?
- Age
- Gender
- Religion
- Race
Task 3
Case Study
Josh loves his job as a sandwich maker and he gets to have fun with the customers. In fact his employer has commented on how his personality has attracted more customers to the store and sales have increased.
Currently Josh is receiving award wages and conditions. However, his employer has complained that Josh often comes in late, sometimes does not wear the correct footwear, and uses equipment unsafely, even though Josh has been trained in Work Health and Safety. In fact, Josh has already received a warning letter for dismissal because he decided it would be fun to lock a fellow co-worker in the freezer.
1. What responsibilities should the employer expect from Josh?
2. Give an example of how Josh's employer has been responsible
Josh's employer has not overreacted to him missing work. He has been officially notified of what he is doing wrong and has the chance to turn things around rather than being fired on the spot.
3. Under Industrial Legislation, what is meant by the term 'award'
The minimum working conditions of employees in a particular industry. They are negotiated between unions and employers and are permanent until new and improved awards are agreed to. Employers who provide less than award conditions can be prosecuted.
4. How does an enterprise agreement differ from an award?
An enterprise agreement allows an employee or a group of employees can negotiate with employers to gain conditions that improve on the award. Once an agreement has been reached the improved working conditions are legally written down and cannot be breached.
Josh loves his job as a sandwich maker and he gets to have fun with the customers. In fact his employer has commented on how his personality has attracted more customers to the store and sales have increased.
Currently Josh is receiving award wages and conditions. However, his employer has complained that Josh often comes in late, sometimes does not wear the correct footwear, and uses equipment unsafely, even though Josh has been trained in Work Health and Safety. In fact, Josh has already received a warning letter for dismissal because he decided it would be fun to lock a fellow co-worker in the freezer.
1. What responsibilities should the employer expect from Josh?
- Work award hours
- Follow all reasonable instructions relating to employment
- Preserve confidentiality
- Give faithful service
2. Give an example of how Josh's employer has been responsible
Josh's employer has not overreacted to him missing work. He has been officially notified of what he is doing wrong and has the chance to turn things around rather than being fired on the spot.
3. Under Industrial Legislation, what is meant by the term 'award'
The minimum working conditions of employees in a particular industry. They are negotiated between unions and employers and are permanent until new and improved awards are agreed to. Employers who provide less than award conditions can be prosecuted.
4. How does an enterprise agreement differ from an award?
An enterprise agreement allows an employee or a group of employees can negotiate with employers to gain conditions that improve on the award. Once an agreement has been reached the improved working conditions are legally written down and cannot be breached.