All publications relating to ‘Michael Byrnes’
Mandatory Workplace Vaccination: Some Recent COVID-19 Vaccination Cases
Four recent Fair Work Commission unfair dismissal cases provide insights into the legal position relating to mandatory COVID-19 vaccination in the workplace. In short, in each of the four cases the Commission upheld the right of the employer to mandate COVID-19 vaccination and terminate the employment of employees who either…
Important Unfair Dismissal Lessons: The Legacy of Crackers the Galah
The recent unfair dismissal decisions of the Fair Work Commission in Blake O’Keeffe v The Trustee For Dunshea Family Trust [2022] FWC 74 and [2022] FWC 298 have attracted much media attention due to the facts of the case, which relate to the unfortunate demise of a much loved family pet, Crackers…
The Omicron Workplace Safety Dilemma
The Omicron variant has, in a matter of weeks, transformed the COVID-19 situation in the eastern states of Australia. In New South Wales and Victoria cases routinely exceed 20,000 per day, a figure that seemed inconceivable last year. Even though the variant is generally regarded by experts to be milder than its…
Mandatory Workplace Vaccination: Full Bench of the FWC Decides Test Case
The Full Bench of the Fair Work Commission has handed down its decision in a significant test case dealing with the right of employers to direct employees to be vaccinated against COVID-19. The case, Construction, Forestry, Maritime, Mining and Energy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (COVID-19 Edition 2021)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2021, it’s with a difference. Employer Christmas parties will be held against the backdrop of the ongoing global COVID-19 pandemic, including the newly emerging Omicron variant. The starting point for such…
Mandatory Workplace Vaccination: A Major Test Case Is Imminent
A dispute that is shaping up to be a significant test case dealing with the right of employers to direct employees to be vaccinated against COVID-19 is to be heard later this month by the Fair Work Commission. The case, Construction, Forestry, Maritime, Mining and Energy Union (105N) & Mr Matthew Howard v Mt…
Mandatory Workplace Vaccination: Some Myths
With SPC putting its head above the parapet by mandating COVID-19 vaccination for its workforce, and the National Cabinet Statement on 6 August, the topic of mandatory workplace vaccination has never generated such interest, analysis or debate. In discussion and reporting on the issue there are some regularly recurring myths. It is…
Mandatory Workplace Vaccination: Reflections on Recent Developments
With the current troubling Covid-19 cluster in NSW, and a deep concern about the relatively low rates of vaccination of staff in some industries which deal with the sick and the vulnerable, most notably aged care, the issue of mandatory workplace vaccination has gone from being an interesting theoretical consideration to…
Mandatory Workplace Vaccination: The Current State of Play
As the Covid-19 vaccination process slowly but surely proceeds, the issue of mandatory workplace Covid-19 vaccination is increasingly coming under consideration. Two recent Fair Work Commission (FWC) unfair dismissal cases, relating to refusals by employees to have flu vaccinations, offer some useful insights into the approach that will likely be…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…