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Type: Journal article
Title: Major Court and Tribunal Decisions in Australia in 2021
Author: Golding, G.
Citation: Journal of Industrial Relations, 2022; 64(3):412-425
Publisher: SAGE Publications
Issue Date: 2022
ISSN: 0022-1856
Statement of
Gabrielle Golding
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.
Keywords: academic freedom; casual employment; civil penalties; coronavirus pandemic; general protections; sexual harassment; unfair dismissal
Description: First Published April 21, 2022
Rights: © Australian Labour and Employment Relations Association (ALERA) 2022 SAGE Publications Ltd, Los Angeles, London, New Delhi, Singapore and Washington DC
DOI: 10.1177/00221856221094890
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Appears in Collections:Law publications

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