All publications relating to ‘Michael Byrnes’
The Workplace Vaccine Mandate Myth Buster Case
In the recent Fair Work Commission decision of Eileen Owens v I‑Med Radiology Ltd [2022] FWC 1823, an interlocutory judgment considering whether an unfair dismissal application had been filed within the required 21 days, Deputy President Asbury surveyed recent cases dealing with mandatory workplace COVID-19 vaccination and very helpfully set out principles…
Important Workplace Relations Changes Effective 1 July 2022
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2022. From that date: the high income threshold for unfair dismissal cases will increase to $162,000 per annum (from the present $158,500 per annum) and the compensation limit will be $81,000 (equivalent to…
5.2% Increase to National Minimum Wage
As part of its Annual Wage Review for 2021 / 2022, an Expert Panel of the Fair Work Commission (FWC) has today announced a 5.2% increase in the national minimum wage. That means it will be $812.60 (or $21.38 per hour) from 1 July 2022. This represents a marked increase from the 2.5%…
NSW parliament proposes making COVID-19 long service leave flexibility permanent
On 15 February 2022 the NSW Government introduced a Bill making permanent changes to the Long Service Leave Act 1955 (NSW) (LSL Act) to provide employers and workers with greater flexibility in accessing long service leave. The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 includes, amongst other things, the ability for…
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…
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…
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…
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…