Latest publications
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…
Swaab 2022 Lawyer Interview Series | Tony D’Agostino
Welcome to the first of our Swaab 2022 Lawyer Interview Series | Tony D’Agostino: Why did you become a lawyer? I liked the idea of problem solving, engagement with clients and being valued. I must admit that the notion that lawyers were highly regarded in society was also a motivating factor. Over the journey, I have…
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…
Roosters, Ducks and Trucks: High Court Reasserts Primacy of the Contract
In two judgments handed down on the same day, the High Court has confirmed the importance of the written contract, and the rights and duties it creates, in determining whether a relationship is one of employment or principal and independent contractor. These decisions follow from that of the High Court last year…
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…
Leave Options For Self-Isolating Employees
The resurgence of COVID-19 has not only ruined summer holiday plans and family get togethers. It has also thrust thousands of people into self-isolation and left them unable to attend work, with knock on effects felt by short-staffed employers and aggrieved customers. As an employer, it is very likely you will…
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…
Covid-19 Vaccinations for children – What happens if you and the other parent cannot agree?
As NSW hits the 70% vaccination mark and we get closer to returning to the life we knew before the outbreak of COVID-19, one particular issue continues to rear its head in parenting disputes. As it presently stands, the Australian Government has “strongly encouraged” everyone aged 12 years and older to get…