Posts: lawful and reasonable direction

Employees have a duty to comply with their employer’s lawful and reasonable directions made under certain workplace policies. However, if an employer fails to apply their policies fairly, then the direction may be found not to be reasonable or lawful and any subsequent disciplinary action for non-compliance with that direction may found to be unfair.

Two decisions of the Fair Work Commission (FWC) have reinforced that a failure to comply with public health orders or directions which mandate vaccinations will be a valid reason for dismissal.