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298 articles are classified in All Articles > 2020 coronavirus pandemic > Case law


Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

Large disability bias payout for "excluded" teacher

A tribunal has awarded $236,000 in damages, plus potential further lost earnings and interest, to a long-serving language teacher who developed a psychological injury when his employer "excluded" him from the workplace for two years after he suffered a debilitating spinal stroke.

Vaccination refusal not a repudiation of contract: FWC

Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.

Newsflash: High Court rejects Qantas outsourcing challenge

The High Court has today unanimously held that Qantas took unlawful adverse action against nearly 2000 former ground crew when it outsourced their jobs at the height of the coronavirus pandemic, when their agreements were due to nominally expire.

Employer made wrong call in blocking safety inspection: Court

A court has roasted a construction contractor for the "deficient evidence" it relied on for its "complete denial" that it breached entry laws when it blocked CFMMEU officials from inspecting a suspected safety flaw they identified after entering a site to examine another possible contravention.

"Political opinion" on vaccination not behind BHP sacking: FWC

A BHP in-house labour hire worker has failed to convince the FWC she was sacked in part because of her "political opinion" about COVID-19 vaccinations at a time when the company was pursuing a policy of mandatory jabs.

No compensation for unvaxxed worker despite unfair sacking

The FWC has awarded zero compensation to an unvaccinated former Boeing worker at the same time as it has lambasted the subsidiary that unfairly sacked him for failing to inform him of the result of his redeployment bid.

Court puts squeeze on juice bar for JobKeeper rort

A court has ordered a juice bar that pocketed a worker's JobKeeper payments to cough up nearly $30,000 and its director $5000 for ignoring a FWO compliance notice, signalling to the restaurant and cafe sector that its lawbreaking record has created a need for "very substantial general deterrence".

"Disturbing lack of candour" in pilot's anti-vax case: Judge

A Federal Court judge has noted a pilot's "disturbing lack of candour" in whittling back the challenge of eight former Virgin and Jetstar employees to their dismissals for failing to comply with COVID-19 vaccination policies.

RAT request did not use "mandatory" language: FWC

The FWC has rejected a union bid to bill an aged care provider 15 minutes' overtime for workers required to have rapid antigen tests before each shift, but held that the employer "could and should have done more" to clarify its position.