Browsing: Case law



Compensation for "pro-choice" worker awaiting Novavax

An employer must pay compensation to a "pro-choice" worker sacked for missing a COVID-19 vaccination deadline after the FWC found that, unlike a colleague, it failed to afford her a chance to take leave while awaiting the impending approval of the Novavax jab.


Pay members for taking RATs: Union

The ANMF will continue to pursue a nursing home it says should be paying members for the time it takes to perform a COVID-19 Rapid Antigen Test before entering the facility, despite the FWC find it unclear "what possible basis" existed to make such a claim.



High Court to consider vax mandate appeal

The High Court will next month consider whether to grant special leave to hear the first appeal to reach its doors over government COVID-19 vaccination mandates.


HR manager's "zero interest" in debating vax policy: FWC

A government corporation's HR manager had "zero interest" in discussing workplace COVID-19 vaccination requirements with a worker who justifiably raised the matter under an agreement's dispute terms, the FWC has found.


Court rejects bid to bin mask objector's case

In a case involving one lawyer accusing another of being "either breathtakingly stupid or complicit in the ongoing fraud", a Federal Court judge has today refused to throw out an adverse action case brought by a storeperson sacked for refusing to wear a mask.


FWC upholds sacking of tardy worker, exposes fake vax certificate

The FWC in upholding the sacking of a worker who ran late every day for nearly four years and kept failing to use its bundy system has also identified her fake vaccination certificate and recommended referring her alleged offence to authorities.


Ruling provides guidance for unvaxxed unfair dismissal claimants

A FWC presidential member has issued a 10-point rebuttal of COVID-19-related arguments put by a sacked unvaccinated worker, to help her to consider whether to proceed with positions likely to be "irrelevant" in her unfair dismissal claim and that have been "emphatically rejected in numerous cases" before the tribunal and courts.


$33K for wrongly-sacked COVID-19 mandate objector

A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.


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