Case Law Update: COVID-19 Vaccination Exemptions
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 […]
High Court Hands Down Independent Contractor Judgments
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 […]
FWC Makes First Anti-Sexual Harassment Ruling
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 […]
New Mandate for Ride-Share and Passenger Transport
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 […]
Courts refuse to stay decision as to vaccine mandates
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 […]
New Vaccine Mandates for South Australia
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 […]