JH Briefs

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 [2022] FWC 1440

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1440.htm 

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 [2022] FWC 1500

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1500.htm 

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. [2022] FWC 1189

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1189.htm 

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’ ([156]). 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 ([239]).