In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.
A five-member FWC full bench has confirmed the provisional view it reached in August last year that there is not a strong enough case, with the COVID-19 pandemic relatively well-controlled in Australia, to insert paid pandemic in awards covering paramedics and NDIS, home care and patient transport workers.
An ABC makeup artist who claims her Lyme disease makes it unsafe to wear an anti-coronavirus mask and wants to instead don a shield is suing the broadcaster for discriminatory adverse action after it allegedly removed her from its roster.
The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.
If the FWC incorporates loaded rates in hospitality and retail awards after a referral from IR Minister Christian Porter, it is likely to involve a range of such rates rather than a single one, the tribunal's president indicated in a statement today.
After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.
A church caretaker who asked why he was left out of JobKeeper is suing its vicar and executive for sham contracting, alleging they tried to reframe his employment and sacked him when he failed to sign an independent contract.