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JH Briefs

JH Briefs is a blog summarising interesting takeaways from cases decided in the past week.
Ms Anna Gikas -v- The Commissioner for Public Employment [2022] FWC 1133
https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1133.htm
A successful vaccination case in which the uncommon outcome of an order that the Applicant be appointed to another vacant role within the Respondent occurred.
Amanda Hill -v- Melbourne International Shooting Club Inc. [2022] FWC 1412
https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1412.htm
An interesting example where the outcome of the Sprigg test was found to be ‘clearly inadequate and unfair’ ([89]) and the Commissioner exercised her discretion to award compensation of 15 weeks’ plus superannuation as appropriate.
It is also an example of the application of section 103 of the Victorian Work Injury Rehabilitation and Compensation Act (2013), with the Commissioner ordering the Respondent pay the Applicant her ‘annual leave and long service leave entitlements for the balance of the 52 weeks that her position would have been kept open had the dismissal not occurred’ ([92]).