Posted on: Jun 27, 2012
It was argued, however, that all were required to pick up litter before performing their various maintenance tasks and that this, combined with other tasks such as cleaning work vehicles and public barbeques, constituted the provision of cleaning services notwithstanding that the bulk of their tasks were, variously, gardening, mowing, edging, the maintenance of fixtures or horticultural labouring.
The Court expressed doubt as to whether any of the latter activities included tasks capable of being called cleaning services. Even if any of them were, the overall nature of the employee’s role was the important consideration. To extend the classification to all people who performed any cleaning work in the course of their employment, however minor or incidental, would create an absurdity.
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