[2022] FWC 477
General information, not legal advice.
Fair Work Commission
2022-03-03
Original judgment source is linked above.
The application is dismissed. An Order will be separately issued giving effect to my decision.
[1] Exhibit R2, Witness Statement of Jenny Svoboda dated 31 January 2022, Annexure JS-1, Letter of fixed-term employment dated 20 July 2018.
[2] Exhibit A4, Variation to current ACSO employment contract, dated 26 May 2021.
[5] Exhibit A11, Job Description, Family and Carers Program Worker
[7] Ibid, Annexure JS-4, Spreadsheet of Applicant appointments.
[10] Exhibit R2, Annexure JS-6, Email exchange between Ms Svoboda and Applicant dated 13 & 19 August 2021.
[11] Exhibit R2, Annexure JS-7, Email from Carol Chaiyot of Headspace Wonthaggi to Ms Svoboda, dated 22 December 2020.
[12] Exhibit R1, Witness Statement of Chantelle Miller dated 31 January 2021, Annexure CM-1, CEO Mandatory Vaccination message to staff, dated 1 October 2021.
[13] Exhibit R1, Annexure CM-2, Applicant response to mandatory vaccination requirement, dated 4 October 2021.
[14] Exhibit R1, Annexure CM-3, Pandemic Coordinator Update, dated 7 October 2021.
[15] Exhibit R1, Annexure CM-4, Email from Applicant, dated 8 October 2021.
[17] Ibid, Annexure JS-8. Vaccination Status Letter, dated 14 October 2021.
[18] Exhibit R2 at [29] & Annexure JS-9, Jenny Svoboda's notes of meeting, Exhibit R1 at [21] & Annexure CM-6, Chantel Miller's notes of meeting.
[19] Exhibit A9, Screen shot of medical appointment.
[20] Exhibit R2, Annexure JS-10, "Vaccination Status - summary and next steps" letter, dated 18 October 2021.
[21] Exhibit R2 at [32] & Annexure JS-11, Jenny Svoboda's notes of meeting, Exhibit R1 at [24] & Annexure CM-7, Chantel Miller's notes of meeting.
[23] Exhibit R2, Annexure JS-13, Letter of termination dated 28 October 2021.
[27] Exhibit R2, Annexure JS-15, Email from Applicant to Charlotte Anderson, dated 28 October 2021.
[28] Exhibit R1, Annexure CM-8, Email from Applicant to staff, dated 28 October 2021.
[33] Selvachandran v Peteron Plastics Pty Ltd [1995] IRCA 333; (1995) 62 IR 371, 373.
[35] Walton v Mermaid Dry Cleaners Pty Ltd [1996] IRCA 267; (1996) 142 ALR 681, 685.
[37] Crozier v Palazzo Corporation Pty Ltd (2000) 98 IR 137, 151.
[38] Previsic v Australian Quarantine Inspection Services Print Q3730 (AIRC, Holmes C, 6 October 1998).
[40] Crozier v Palazzo Corporation Pty Ltd t/a Noble Park Storage and Transport Print S5897 (AIRCFB, Ross VP, Acton SDP, Cribb C, 11 May 2000), [75].
[41] RMIT v Asher [2010] FWAFB 1200; (2010) 194 IR 1, 14-15.
[42] Gibson v Bosmac Pty Ltd [1995] IRCA 222; (1995) 60 IR 1, 7.
[43] Explanatory Memorandum, Fair Work Bill 2008 (Cth), [1542].
[44] ALH Group Pty Ltd t/a The Royal Exchange Hotel v Mulhall (2002) 117 IR 357, [51]. See also Smith v Moore Paragon Australia Ltd PR915674 (AIRCFB, Ross VP, Lacy SDP, Simmonds C, 21 March 2002), [92]; Edwards v Justice Giudice [1999] FCA 1836, [6]-[7].
Printed by authority of the Commonwealth Government Printer
Karen O'Toole
Australian Community Support Organisation Ltd [2022] FWC 477
(1996) 142 ALR 681
(2010) 194 IR 1
(1995) 62 IR 371
(2000) 98 IR 137
(1995) 60 IR 1
(2002) 117 IR 357