Break-ception: when a pre-shift smoko on-site is a ‘temporary absence’ from work

A person's hand can be seen holding a lit cigarette on the left hand side of the image.

Workers’ compensation legislation can be complicated and confusing, even to experts, and the recent Queensland case of Mandep Sarkaria v Workers’ Compensation Regulator [2019] ICQ 001 aptly demonstrates just how technically bewildering this legislation can be. In this case, the Industrial Court of Queensland held that Ms Sarkaria was “temporarily absent from her place of employment” on…

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