Browsing: Case law


Firefighter reinstated after refusal to provide vax proof

The FWC has reinstated a firefighter who refused to provide proof of his COVID-19 vaccination status while on leave, observing that his employer failed to properly read a response indicating he was inoculated before taking a "well-worn disciplinary path" towards dismissal.


Isolating workers' differing deductions "unfair": FWC

The FWC has held that resource giant South32 unfairly treated some workers it directed to isolate and get tested after identifying them as COVID-19 contacts, ordering it to recredit annual leave, deduct sick leave and pay them for other times as though they were at work.


Sacking backed for FIFO worker given marriage ultimatum

The FWC has acknowledged both the work/family difficulties faced by remote workers and employers' challenges in managing employees scattered across the country in upholding the dismissal of a FIFO mine worker sacked for abandoning his employment after he left work without approved leave and failed to provide a return date.


FWC member slams "reckless" anti-vax representative

A senior FWC member has lambasted an "incompetent" and "belligerent" representative involved in numerous challenges to vaccination-related dismissals, bemoaning that a regulatory gap prevented him from awarding costs against the offending individual.


COVID-19 fear around IVF treatment not exceptional: FWC

An Australian Criminal Intelligence Commission employee seeking to combine working from home and carer's leave to avoid COVID-19 while he and his endometriosis-suffering wife undergo IVF treatment has failed to establish his circumstances are exceptional under the agency's agreement provisions.


Mask failure did not justify summary sacking: FWC

An employer had no basis for summarily dismissing a real estate employee who tested positive for COVID-19 five days after ignoring directions to wear a mask when inspecting the property of an aged care worker, the FWC has found.


Court clamps anti-vax advocate's "threatening" emails

A Federal Court judge has moved swiftly to shut down a legal representative for 18 airline workers seeking damages for COVID-19 vaccination-related sackings after he sent "obscene [and] threatening" emails to the defendants' lawyers and in-house IR teams.



Lawyers superfluous in vax case: FWC

A large employer had no need to pay for external lawyers when it could have relied on its HR team to argue against a former employee's "straightforward" vaccination case, the FWC has found.


Worker still employed despite overshooting vax deadline: FWC

The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.


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