The following employment law cases have been reported:
Pilot who missed COVID-19 vaccination deadline reinstated
The Fair Work Commission reinstated a pilot who initially declined to be vaccinated against COVID-19 but was vaccinated with a newly approved vaccine after his dismissal.
Bradley John Dean v Regional Express Holdings Ltd (2022) 74 AILR ¶103-563; [2022] FWC 1448, 8 July 2022.
Full Court upheld rejection of agreement that did not pass BOOT
A Full Federal Court upheld 2 decisions of the Fair Work Commission which refused to approve an enterprise agreement on the basis that it did not satisfy the Better Off Overall Test.
D&D Traffic Management Pty Ltd v The Australian Workers’ Union (2022) 74 AILR ¶103-564; [2022] FCAFC 113, 8 July 2022.
Employee who refused COVID-19 vaccination was not “stood down”
A concreter who could not attend work after refusing his employer’s direction to be vaccinated against COVID-19 was not “stood down” within the meaning of s 524 of the Fair Work Act 2009 (Cth).
Construction, Forestry, Maritime, Mining and Energy Union v British Concrete Pty Ltd t/a British Concrete (2022) 74 AILR ¶103-565; [2022] FWC 1774, 8 July 2022.
Employee dismissed via text message, “delete my number”
A Full Bench of the Fair Work Commission held that a hotel employee was dismissed when his manager texted him, “delete my number” and his salary payments stopped.
Stephen Winbank v Laundy Hotels Pty Ltd (2022) 74 AILR ¶103-566; [2022] FWCFB 128, 12 July 2022.
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