Employers have been warned that they must “request, not require” staff to work on public holidays over the end-of-year break following a landmark legal ruling that bosses cannot forcibly roster workers on to days such as Christmas.

Last week, the Federal Court ordered BHP to pay almost $100,000 – $15,000 in fines and $83,700 in compensation to 85 workers – after it found the mining giant had failed to consult them before rostering them on to work Christmas Day at its Daunia coal mine in Queensland in 2019.

Justice Darryl Rangiah noted in his ruling the “inherent power imbalance” between employers and employees and said the law requires there be a “request rather than a unilateral command to prompt the capacity for discussion, negotiation and a refusal”.

While an employee can refuse re

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