The Legal Light Justin Stack Employers warned not to order em- ployees to work at Christmas A recent Federal Court judgment has demonstrated employers can't simply order their workers to work on Christmas Day or other holidays. The Federal Court ruled BHP's in-house labour hire company OS MCAP Pty Ltd had to pay a fine and compensation to miners for ordering them, rather than requesting them, to work on Christmas Day and Boxing Day. The mining giant had to pay a total close to $100,000 for ordering 85 employees to work on the public hol- idays at the Daunia Mine in central Queensland. BHP had to pay each worker between $800 and $1,400 for having to work over Christmas, and on top of that the court fined BHP $15,000. Justice Darryl Rangiah said section 114 of the Fair Work Act 2009 requires there be a "request rather than a unilateral command" to work on public holi- days. The judge found the 85 employees were "deprived of the opportunity to raise reasonable grounds for refusing to work on Christmas Day and Boxing Day and there was damage or detriment to the employees by the deprivation of that opportunity." Some workers had good reasons. One was forced to work even though he wanted to spend Christmas with his ill mother, as his father had died a few months ear- lier. She died shortly after spending Christmas alone. A single mother had to leave her 11- and 15-year-old daughters in the care of a sitter it cost her $500. Section 114 says an employer may request an employee to work on a public holiday if the request is "reasonable", but an employee can refuse the request if their refusal is also reasonable. Employment lawyer at Stacks Law Firm, Christopher Morris, said the Federal Court ordering BHP to pay compensation was a landmark decision that demon- strates employers can't treat ordering people to work on holidays as a regular workplace procedure. "With Christmas fast approaching, this decision shows employers need to ensure they approach employees in a reasonable manner about working during the festive season," Mr Morris said. "They will need to make sure employees understand they can refuse to work over Christmas, and explain how they will address any disputes when the job requires a person to work over that period." Mr Morris said the BHP decision comes just a month after he wrote about the Fair Work Commission order- ing Westpac to agree to a staff member's request to work from home. "These recent legal decisions on the Fair Work Act prioritise flexibility in the workplace, where employers must engage with their workers more closely, rather than bosses simply ordering employees to obey directives." STACKS LAW FIRM Justin Stack Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Employers warned not to order em- ployees to work at Christmas A recent Federal Court judgment has demonstrated employers can't simply order their workers to work on Christmas Day or other holidays . The Federal Court ruled BHP's in - house labour hire company OS MCAP Pty Ltd had to pay a fine and compensation to miners for ordering them , rather than requesting them , to work on Christmas Day and Boxing Day . The mining giant had to pay a total close to $ 100,000 for ordering 85 employees to work on the public hol- idays at the Daunia Mine in central Queensland . BHP had to pay each worker between $ 800 and $ 1,400 for having to work over Christmas , and on top of that the court fined BHP $ 15,000 . Justice Darryl Rangiah said section 114 of the Fair Work Act 2009 requires there be a " request rather than a unilateral command " to work on public holi- days . The judge found the 85 employees were " deprived of the opportunity to raise reasonable grounds for refusing to work on Christmas Day and Boxing Day and there was damage or detriment to the employees by the deprivation of that opportunity . " Some workers had good reasons . One was forced to work even though he wanted to spend Christmas with his ill mother , as his father had died a few months ear- lier . She died shortly after spending Christmas alone . A single mother had to leave her 11- and 15 - year - old daughters in the care of a sitter it cost her $ 500 . Section 114 says an employer may request an employee to work on a public holiday if the request is " reasonable " , but an employee can refuse the request if their refusal is also reasonable . Employment lawyer at Stacks Law Firm , Christopher Morris , said the Federal Court ordering BHP to pay compensation was a landmark decision that demon- strates employers can't treat ordering people to work on holidays as a regular workplace procedure . " With Christmas fast approaching , this decision shows employers need to ensure they approach employees in a reasonable manner about working during the festive season , " Mr Morris said . " They will need to make sure employees understand they can refuse to work over Christmas , and explain how they will address any disputes when the job requires a person to work over that period . " Mr Morris said the BHP decision comes just a month after he wrote about the Fair Work Commission order- ing Westpac to agree to a staff member's request to work from home . " These recent legal decisions on the Fair Work Act prioritise flexibility in the workplace , where employers must engage with their workers more closely , rather than bosses simply ordering employees to obey directives . " STACKS LAW FIRM Justin Stack Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life