Question
Annabel work on a construction site. The company which employs her, TG Co. Pty Ltd recently received a tender to build a 12 story building.
Annabel work on a construction site. The company which employs her, TG Co. Pty Ltd recently received a tender to build a 12 story building. Annabel is one of the few female workers who are employed on the construction sight. She feels very lucky to be employed given the pandemic. Annabel works everyday from 9-5 and has never taken any leave, sick days etc. Last week Annabel was not feeling well and asked for some time off work. She approached Jim her boss and explained she was not well and asked to go home early from work. Jim agreed, but when his supervisor Kurt walked in while they were speaking, Kurt laughed and said that if she was not strong enough to work on the sight then she shouldn't be employed there. He then turned to Jim and said 'This is why I never employ women in my team. They are full of sap and complaints. We would never get anything done.'
Kurt was nothing like Jim. He didn't observe the rules of the construction sight or safety protocol. Building materials were stacked in haphazard piles, protective equipment wasn't always worn and instructions and warning were not always given to visitors, even when they should have been. On April 11, the company's CEO was visiting the building site to make a press release. The CEO was not wearing a helmet while giving a press conference. A stack of building materials behind him collapsed and the CEO suffered injuries. The video footage mades it clear that this was caused by the dangerous and negligent stacking of the building materials. There is also evidence to suggest that the CEO asked for a helmet and Kurt laughed and said 'You'll be right.'
There was no occupational health and safety personnel on site. The records show that there has not been one pan on the books since 2018. The last OHSworked was fired for taking too many days of took care for her kids.
Advise the parties as to what rights they may have and what duties have been breached.
point form answer will suffice
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