JH Briefs is a blog summarising interesting takeaways from cases decided in the past week.
Ms Karen Lee Cook -v- St Vincent De Paul Society Victoria  FWC 1440
Interesting for the comments made by Commissioner Johns at paragraphs 14 to 18 regarding the concept of “anti-vaxxer” and the protection under s351 of the FWA (and s772) regarding social origin: “I consider it plausible that being an “anti-vaxxer” is a disposition of the mind and a form of cultural capital resulting in a class of people that can be considered to fall within the concept of social origin.”
Brendan Charles McSherry -v- Veem Ltd T/A Veem Engineering Group Pty Ltd  FWC 1500
Clear and concise example of the fact that selection is not a matter to be determined when assessing the genuineness of a redundancy for the purposes of an unfair dismissal application.
Asim Nawaz –v- Rasier Pacific Pty Ltd T/A Uber B.V.  FWC 1189
Good example of the application of the High Court decisions in Jamsek and Personnel Contracting where the written agreement ‘represents a comprehensive written contract regulating the arrangements between the parties’ (). It is still the case that ‘the multifactorial test remains of assistance provided it is applied to the legal rights and obligations of the parties’ ([187). In the absence of any variation or sham arrangement, post-contractual conduct is not relevant ().