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


"Pyrrhic victory" for unvaxxed worker sacked prematurely

The FWC has held that an aged care employer acted "prematurely" in dismissing an unvaccinated employee barred by state health orders from attending the workplace, finding no reason why he could not have continued to work from home as he had done for almost two years.

Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.

ANAO ordered to reinstate COVID-vulnerable WFH auditor

The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.

AFLW player leads vax mandate challenge in SA

In what looms as the country's most sophisticated legal challenge to compulsory workplace vaccinations to date, South Australia's Supreme Court will tomorrow begin hearing a case featuring a frozen-out player from the Australian Football League's elite women's competition, a respected vaccine developer and a former federal court judge.

Full court backs Qantas approach to stand downs

A full Federal Court has upheld findings that Qantas and Jetstar had no reasonable choice but to stand down hundreds of engineers due to coronavirus-driven events outside their control, but one member of the bench has warned that an incorrect interpretation of "stoppage of work" has been allowed to stand.

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Compensation for public servant sacked over Hitler post

A child protection public servant who claimed on Facebook that the military would remove kids from unvaccinated parents and depicted the former NSW premier as Hitler has won compensation after a tribunal found circumstances rendered her dismissal harsh.

Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".

Reinstatement for FIFO worker unable to make COVID-19 relocation

The FWC has given an energy company until tomorrow to reinstate a Queensland-based FIFO worker who proved unable to return to WA in time for his roster at the Montara offshore oilfield during the McGowan Government's rapidly-changing COVID-19 restrictions.

FWC cautions sacked unvaxxed worker after "dirty deeds" accusation

A senior FWC member has laid out the tribunal's arsenal for dealing with those who try to coerce or engage in disorderly or vexatious conduct after a worker accused his employer's lawyer of perjury, deception and having unclean hands in connection with "dirty deeds for the dark overlords".