Major Court and Tribunal Decisions in Australia in 2021
Date
2022
Authors
Golding, G.
Editors
Advisors
Journal Title
Journal ISSN
Volume Title
Type:
Journal article
Citation
Journal of Industrial Relations, 2022; 64(3):412-425
Statement of Responsibility
Gabrielle Golding
Conference Name
Abstract
This 2021 annual survey of Australia’s significant court and tribunal decisions spans five key areas. First, the focus is on the High Court’s clarification around how employment status is to be determined. Secondly, it examines decisions that have continued to arise out of the Coronavirus pandemic with respect to dismissals stemming from mandatory vaccination policies, an employer’s liability in respect of an employee’s death caused by Coronavirus, as well as a series of cases involving Australia’s major airline, Qantas Airways Ltd (Qantas). Thirdly, consideration turns to developments in general protections and the first application for a stop sexual harassment order made to the Fair Work Commission. Fourthly, it reviews recent decisions concerning out-of-hours conduct and connection to employment. Finally, decisions giving rise to record penalties for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are evaluated.
School/Discipline
Dissertation Note
Provenance
Description
First Published April 21, 2022
Access Status
Rights
© Australian Labour and Employment Relations Association (ALERA) 2022 SAGE Publications Ltd, Los Angeles, London, New Delhi, Singapore and Washington DC