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Covid-19 And Repudiation

Covid-19 And Repudiation

Does an employee’s failure to be vaccinated in accordance with a public health order or even an employer policy amount to a repudiation of the employee’s employment contract? The decision in Cordiano v Love & Co Real Estate Pty Ltd [2022] FWC 467 suggests no. The...
To Consult Does Not Mean To Mandate

To Consult Does Not Mean To Mandate

The decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 shows the importance of consultation before a direction to employees will be deemed lawful and reasonable. The full bench of the Fair Work Commission undertook an exhaustive review of the facts and...
A Novel Approach to Reinstatement

A Novel Approach to Reinstatement

The primary remedy under the Fair Work Act 2009 for an unfair dismissal is reinstatement. In employment relationships where the Act does not apply the usual remedy for wrongful termination of employment is damages. Schneider v Warrnambool City Council [2021] VSC 337...
A Brief Overview of Discrimination Laws

A Brief Overview of Discrimination Laws

Discrimination law has been something of a hot topic in Australia in recent months. The legality of workplace-mandated vaccines and ‘no jab, no job’ policies has sparked heated debate. More recently the Federal Government’s Sex Discrimination and Fair Work (Respect at...