Where employees leave the building for a cigarette, to buy morning tea or take other similar breaks during work hours, the employment connection is not necessarily broken.
If within an organisation this type of break were an accepted practice, with tacit approval by the supervisor, the employee would still be seen to be in the course of his or her employment.
By tacit approval, the employer is aware of what is going on and has accepted the practice without necessarily giving formal approval. It is not sufficient for the employer to later say that they were aware of but did not condone the practice, unless there is a general understanding of approval or otherwise by the employee.
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Case Law |
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“... a recess which is unauthorised by the employer is inapt for description as an ordinary recess, even though regularly taken. But I would think that proof that a break is regularly taken with the knowledge and connivance of those placed in authority over the worker by his employer, constitutes prima facie evidence of the consent and approval of the latter.” |
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Glass JA, Thompson v Lewisham Hospital (NSW Court of Appeal, 14/7/78, unreported) |