All publications relating to ‘Michael Byrnes’
Rebels Who Dislike the Cause: Can Employees Be Directed to Act Contrary to Beliefs?
The recent controversy over the Manly Warringah Sea Eagles ‘rainbow’ rugby league jersey raises an interesting employment law question which extends beyond football: to what extent can an employer direct an employee to promote, or be involved in, a cause, message or campaign to which the employee objects? The starting point is…
The Workplace Vaccine Mandate Myth Buster Case
In the recent Fair Work Commission decision of Eileen Owens v I‑Med Radiology Ltd [2022] FWC 1823, an interlocutory judgment considering whether an unfair dismissal application had been filed within the required 21 days, Deputy President Asbury surveyed recent cases dealing with mandatory workplace COVID-19 vaccination and very helpfully set out principles…
Important Workplace Relations Changes Effective 1 July 2022
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2022. From that date: the high income threshold for unfair dismissal cases will increase to $162,000 per annum (from the present $158,500 per annum) and the compensation limit will be $81,000 (equivalent to…
5.2% Increase to National Minimum Wage
As part of its Annual Wage Review for 2021 / 2022, an Expert Panel of the Fair Work Commission (FWC) has today announced a 5.2% increase in the national minimum wage. That means it will be $812.60 (or $21.38 per hour) from 1 July 2022. This represents a marked increase from the 2.5%…
NSW parliament proposes making COVID-19 long service leave flexibility permanent
On 15 February 2022 the NSW Government introduced a Bill making permanent changes to the Long Service Leave Act 1955 (NSW) (LSL Act) to provide employers and workers with greater flexibility in accessing long service leave. The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 includes, amongst other things, the ability for…
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…