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Friday, October 23, 2026

2021 Employment Law wrap up - Lexology

Thank you for being part of our news service as we have navigated the latest developments in workplace law during 2021. This is our final article for the year.

Below is a recap of the hot topics for the year and a prediction of some of the issues that will make the news in 2022.

See here for our pick of the top 10 employment law cases of 2021.

COVID-19 and mandatory vaccinations

For the second year running, COVID-19 remained at the forefront of industrial relations in 2021.

Mandatory workplace vaccinations took the spotlight, with employers searching for clarity around when their employees would or could be required to be vaccinated against COVID-19. In the absence of a public health order, this remains an uncertain area. Most recently, BHP’s direction that all workers at its Mt Arthur open cut coal mine be vaccinated was found to be unreasonable because of its failure to meaningfully consult under work health and safety laws.

For an overview of the major work-related issues involved with mandatory COVID-19 vaccination, click here.

For a summary of cases involving COVID-19, including on the topics of unfair dismissal, redundancy, general protections, stand down, JobKeeper, right of entry, enterprise agreements, variation to modern awards and challenges to vaccine mandates, see ¶220.

Casual employment

Following on from 2 controversial decisions by the full Federal Court, the Fair Work Act 2009 (Cth) (FW Act) was amended to define casual employee and to provide rights of...



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