Browsing: Fitness for duty


Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.


FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.



COVID-19 isolation period cut from 7 days to 5

Isolation periods for COVID-19 are set to drop from seven days to five, while the pandemic leave disaster payment will be adjusted to reflect the change, after a National Cabinet meeting today.




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.


Payout for silicosis-stricken sacked stonemason

In a general protections ruling, a court has awarded $160,000 in compensation and damages to a stonemason dismissed because of his work-related silicosis.


Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.


Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.


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