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I think you're failing to grasp the distinction between the quality of a person that they are "a smoker", and the person's activity habits, that they require smoking breaks every hour. A smoker who doesn't smoke during work hours wouldn't have the productivity detriments you mention, and it...

Of course it is. It's none of your business if they're "a smoker"; maybe they only smoke at home and at lunchtime, for example. Firstly, I don't see why you're focused on what can be "controlled". I don't see that it's relevant to the factors that are covered by anti-discrimination law. On...

Are you saying that Workcover and ATO have different criteria, ie that you can be a contractor according to the ATO and an employee according to Workcover?

Having a look at that decision tool, it doesn't look quite as bad as I thought it might, actually. (Though I agree that our whole taxation and legislative system is orders of magnitude too complex and bureaucratic.) I put in what I'd consider a reasonable set of circumstances and it said that...

Whilst I do agree that employing people has become ridiculously complicated, bureaucratic, and onerous for employers, wouldn't records of the counselling for his work performance constitute proof that the grounds for termination were related to performance?