Posts: covid-19

During the COVID-19 pandemic in Australia, many Government issued public health orders mandated that persons who had contracted and / or were exposed to COVID-19 were to self-isolate for a period of time.

A recent decision of the NSW Industrial Relations Commission has highlighted one of the pertinent issues currently being faced by employers – that is, to what extent an employer is entitled to require or request an employee provide them with personal medical information.

In April 2020, the Fair Work Commission introduced temporary measures in modern awards in response to the need to provide employers and employees flexibility in the context of the COVID-19 pandemic and lockdowns.

There is no doubt that the introduction of mandatory vaccination policies and the collection of information about a person’s vaccination status has raised debates and concerns surrounding personal choice and privacy.

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) imposes a strict 21-day time limit for employees to file unfair dismissal applications. The clock starts running from the date the dismissal takes effect.

A recent decision of the Fair Work Commission (FWC) has highlighted the privacy considerations for employers when implementing vaccination policies in the workplace, particularly in this COVID-19 environment.

Consultation with employees always plays an important part when introducing changes in the workplace. Under work health and safety legislation, employers have a duty to consult with their workers as far as reasonably practicable in relation to health and safety matters.

Employees have a duty to comply with lawful and reasonable directions from their employer. In the current COVID-19 context, a key concern for employers is whether it is lawful and reasonable to issue directions related to safety matters arising from the pandemic.

For many businesses and residents in NSW and Victoria, the double vaccination rates are being closely followed in anticipation for what is being referred to as “Freedom Day”.

One of the most topical questions for employers during the COVID-19 pandemic has been whether they need to introduce policies that mandate vaccinations and, if so, what can be done to enforce them in the workplace.

Our Managing Director Athena Koelmeyer, was recently interviewed for the long-running Business Essentials podcast, about what happens when employees resist returning to the office.

In response to the COVID-19 pandemic, the Full Bench of the Fair Work Commission amended the Clerks – Private Sector Award 2020 in March 2020 to include temporary measures to facilitate working from home arrangements.

In order to access the unfair dismissal jurisdiction, an employee must be “dismissed” from their employment by the employer. One of the instances in which an employee may be “dismissed” from their employment is if they were forced to resign because of the employer’s conduct or course of conduct.

‍NEWS ALERT - Paid Pandemic Leave introduced into Health Sector Awards Over the course of 2020, the Full Bench of the Fair Work Commission (the Full Bench) has heard and determined applications to vary modern awards to deal with the COVID-19 pandemic.

2020 continues to deliver unprecedented challenges to employers as they manage the economic and workplace culture impact of COVID-19. Difficult, but necessary, decisions taken in relation to workforce numbers together with increased poor employee behaviour has seen a dramatic rise in the number of unfair dismissal and adverse action claims.

The COVID-19 (coronavirus) pandemic has significantly impacted the financial stability of many businesses. Employers have had to make difficult decisions and implement different measures to ensure the ongoing viability of their businesses. Some of these measures have included asking employees to agree to temporary reductions in their hours of work or to a reduction in their remuneration.

In April 2020, temporary amendments were introduced into the Fair Work Act 2009 (Cth) to support the JobKeeper scheme. The provisions permit eligible employers to give certain directions to eligible employees in relation to reducing hours or days of work and/or temporarily changing their usual duties, location of work or days and times of work.

Across Australia, employers continue to face the difficult challenge of standing down employees in response to the effects of the COVID-19 pandemic.

The Fair Work Commission (FWC) has a vital role to play in the management of the current COVID-19 pandemic as it continues to impact employment relationships across the country.

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.