The importance of procedural fairness has been highlighted in the recent unfair dismissal judgment of Ning Li v PPD Australia Pty Ltd [2022] FWC 496. The employee, a senior import & export coordinator for PPD Australia, was first given a verbal warning following three complaints from female job
The term ‘fully vaccinated’ is being phased out in regards to COVID-19 vaccines, with ATAGI now recommending the use of ‘up to date’ and ‘overdue’. Since the introduction of public health orders relating to vaccines in late 2021, the term ‘fully vaccinated’ has been used as
The procedural fairness demonstrated by two employers has been recognised, in two recent decisions involving employees who had unsuccessfully sought exemptions from being vaccinated against COVID-19. Edwards v Regal Cream Products Pty Ltd [2022] FWC 257 In the first case, an unvaccinated employee (Edwards) was dismissed
The High Court has handed down two significant judgments in relation to independent contractor arrangements. Both decisions highlight the need for contractual terms to determine working relationships and the primacy of contractual terms. CFMMEU v Personnel Contracting [2022] HCA 1 In the first case, the CFMMEU
The Fair Work Commission has published its first decision relative to a claim using the new anti-sexual harassment jurisdiction, in a judgment delivered on 24 December 2021. The Applicant, THDL, sought an order against two employees of a neighbouring company which conducted its business in shared
On Monday evening SA Health announced a vaccination mandate for passenger transport services operating from the airport. From 25 November 2021, all ‘point to point drivers’ (for example, drivers of taxis or ride-share vehicles) must not transport passengers to or from an airport unless they have
The Fair Work Commission and Federal Court of Australia have both refused to give an order to block a vaccine mandate while proceedings surrounding the lawfulness of the mandate take place, in two different proceedings currently underway. CFMMEU v Mt Arther Coal Pty Ltd T/A Mr
COVID-19 vaccines will now be mandatory for those working in chiropractic therapy, osteopathy, disability support and in-home care, after two new directions were issued by the Commissioner of Police yesterday. Chiropractors and Osteotherapists will need to be vaccinated against COVID-19 (or be booked in for their
The Fair Work Commission will start hearing Applications for an Order to Stop Sexual Harassment from 11 November 2021, in accordance with the Respect@Work legislation passed back in September (read our previous alert here). Created as an extension of the existing anti-bullying orders, workers who have experienced
The Fair Work Commission has held that the management of a flight attendant who failed to follow a mask mandate was lawful, in the landmark decision of Watson v National Jet Systems Ltd [2021] FWC 6182. Ms Watson, who was employed by Qantas, sought a medical exemption after
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