Former Macca’s worker wins comp for pre-shift smoko injury

According to Mandep Sarkaria, her injury arose out of or in the course of her employment (as per s 32(1).)

Ms Sarkaria was working at the Richlands outlet in Brisbane when she climbed onto the roof for a smoke before her shift began. On her way down she fell from the ladder and broke her right leg.



The original claim was rejected by the Industrial Court of Queensland two years ago. Last week this decision was overruled on the grounds that the incident occurred just 10 minutes before Ms Sarkaria’s shift commenced. Costs are yet to be decided

The rooftop was not a designated area for breaks and Ms Sarkaria did not have permission to use the ladder, however, Justice Martin reasoned that she was entitled to compensation because McDonalds’ policy required her to arrive 10 minutes before her shift.

According to the judge this meant “from the time they arrived until their shift commenced they had, in my view, commenced work” because the employees’ early arrival ensured “there would be no disruption to the efficient conduct of the enterprise.”

According to s 34, an injury can arise out of employment during a worker’s “ordinary recess.”

“In the circumstances of this case, the period of time during which an employee was required to attend at the place of employment before a shift commenced should properly,” explained Justice Martin.

The bottom line: The requirement to arrive early may mean employees are officially considered at work before their shift begins and are therefore entitled to compensation for any injuries that occur during this period.

Mandep Sarkaria v Workers’ Compensation Regulator [2019] ICQ 001



Originally posted on Workplace OHS