16.6.1 Ordinary recess

Ordinary recess is not defined in the SRCA, but can broadly be taken to mean formalised breaks in employment for meals or refreshm — ent, or for safety-related purposes.

The Concise Oxford Dictionary includes the following relevant definitions:

ordinary – adj. 1 regular, normal, customary, usual ... commonplace

recess – noun. 3 a temporary cessation from work, esp. of Parliament, or US o — f a law court or during a school day

In Drummond v Drummond (1960), a Full Bench of the Supreme Court of Victoria stated that a recess was:

...a relatively brief interruption in an otherwise continuous period of work. It is normally associated with rest, re — freshment or relaxation such as ordinarily occurs at regular times, such as lunchtime, morning or afternoon tea or 'smoko'. It is a period of rest incidental to a period of labour.

Depending on the facts of the case, ordinary recesses would usually includ — e:

• lunch breaks, including going home for lunch
• short smoking breaks
• morning and afternoon tea breaks
• toilet breaks.

Particular issues may arise in relation to flexitime and leaving the work place during work time. These are discussed below.