"Fam expresses concern that if our institutions fail to consistently uphold human rights, over time, the government and its associated institutions will lose legitimacy.
'Government gains its legitimacy from the consent of the governed,' he says."
Actually, there is no legitimacy, only raw power. The government and its institutions don't have de jure authority. It's de facto. They have the power to compel compliance. So does a robber with a gun. It does not imply "legitimacy" or "authority." That's a con job for the gullible sheep. The social contract is entirely mythical. It's hypothetical only. There is no consent of the governed. I never gave consent to be vaxxed. We don't even have democracy. Democracy as conceived of by the ancient Greeks was direct, participatory, not represenative. We have the technology for democracy, but we don't have democracy.
I hope the judge or judges in the Sydney Trains case are all fully vaxxed and keeping up with their boosters while also engaging in vigorous cardio after each booster.
So sick of these parasites on the bench.
When vax safety and efficacy is fully debunked they need to be held to account.
A referendum should be held allowing for retrospective legislation to put them on the scaffold.
Mar 26, 2023·edited Mar 26, 2023Liked by Rebekah Barnett
You wrote exactly as I thought. I would add that in addition to the government theft via raw power, that the 'governed' here are increasingly 'dumbed down', happier sucking on the teat of mother government safety assurances, and on demand entertainment; football, BBQs and ABC to worry they are being herded to their demise.
Yes. My father who was briefly a lawyer before leaving the profession in disgust and advocating for lawyers and judges to all be lined up and shot taught me as a small boy that commissions and tribunals are created purely for the purpose of covering the arse of the State. Fairness and justice does not even come into the equation.
Absolutely and anything they can't coverup they whitewash. The commisioners are invariably political hacks and all the talk about independence and impartiality is just a con job for the suckers.
The outcome is predetermined before the commissionnis even announced.
"Fam expresses concern that if our institutions fail to consistently uphold human rights, over time, the government and its associated institutions will lose legitimacy."
Until then people suffer from the overreach. Same old story. We stop defending what previous generations fought so hard for, with tears, blood and sometimes their lives. The next generations fall asleep again. Are we bound to repeat this cycle endlessly?
I actually never asked if he got paid for this or not. As a human rights lawyer, I imagine he would do a fair bit pro bono. Regardless, in his own words, he did not consider this to be a win. Joseph, on the other hand, made me smile with his gratitude for not having taken the jab.
I have known a few human rights and civil liberties lawyers and, although they do tend to be better than the rest of their profession, in the words of one astute and honest magistrate I spoke to who was a former community legal centre lawyer: "They're just whores like the rest of us."
These decisions are absolutely unconscionable. My husband was terminated and the Fair Work Commission failed him and his colleagues in their decisions (and countless other Australians). In the unlikely event he had won his FWC case, his employer alluded to the fact that they would never accept the decision and would do whatever it took to have it overturned (wasting millions of taxpayer dollars in the process). These people do not care that they have destroyed the lives of their former employees, nor wreaked irreparable damage on our communities.
I wish Joseph and his colleagues all the very best going forward. I am also thankful for people like Peter Fam; he is a truly good man.
Thank you, that means a lot. And the work you're doing is so important. I'm still shocked about the FWC outcome, although perhaps not surprised. The idea that courts will uphold these discriminatory decisions and overturn ones which assert workers' rights, is still unbelievable to me. The worst part though, is that so many of our family and friends did not care enough about this to stand alongside us. This experience has been life-changing for us, and we aren't even close to the worst affected. My heart breaks for those who have lost everything preserving their medical rights, and those who were forced to comply.
Judges are appointed from the ranks of lawyers, the occupation that, according to psychopathy researchers, is number 2 for % of psychopaths, just behind CEO at number 1 and just ahead of police at number 3. After decisions like this, forensic accountants should comb through judges' financial affairs with a fine tooth comb. Any sudden, unexplained payments and any connections toPharma should be fully investigated.
other Substackers recently have shown the Jab is not up to product Spec (eg WalNut).
Can they go back and apeal the apeal based on the Quality control issues?
And what a sordid trick this is...
"However, in the appeal, Sydney Trains successfully argued that they had never actually begun an investigation into the drivers, and that therefore Clause 33.5 did not apply."
So another lesson here is, if an investigation is supposed to happen, make sure it happens.
Naw, I find doodads like Google drive or DropBox a tad finnickey.
They're not too hard to find on AustLii. Just limit the search to FWC & FWCFB and punch in "COVID vaccination" as the search term and theyre all there.
This is amazing. I would be really keen to see you do a post or similar about this. For people who don't know about law, what this website is, it's overwhelming. It would be a very important article about "where we, the people" stand with regards to the law. People need to understand how unsuccessful we have been in the courts and how many people have been fighting. That we haven't just rolled over and given up but we have found no relief. Every one of these cases is someone who tried.
I do have a skeleton draft forming, but it takes a lot of time to summarise the arguments of each case (even if I can speed-read), then categorise each case into more generalised criteria, which are currently:
1. Upheld Cases
- All categories, the most common being "harsh, unjust and/or unreasonable" dismissal, or successful policy disputes on the grounds of "failed to consult" workforce prior to mandate policy implementation.
Two super interesting wins were the NSW Personal Injury Commission (NSWPIC) ones, where two teachers successfully sued NSW Dept of Education for psychological injury due to vax mandates:
[2022] NSWPIC 611 Dawking v Secretary (Department of Education) (3 November 2022)
a) Mandate policy was deemed 'lawful & reasonable'
b) Employer had valid reason(s) for dismissal of employee (usually failure to comply with a lawful and reasonable direction)
c) Time (applicant failed to submit to FWC within 28 days of dismissal)
d) Jurisdictional (mostly casual employees not being given shifts for refusing vax; they were never dismissed as casual employment consists of a DAILY employment contract - no rostered shift = no contract = NOT AN EMPLOYEE ?!?!)
3. Other
- Other cases not fitting the above criteria which mention COVID-19 vaccination and were of interest. One I found was a VACCINATED member of the Church of Ubuntu (???) who was unlawfully dismissed because that Church has a mandatory no-vaccinations policy.
[2022] FWC 2947 Chait v Church Of Ubuntu (7 November 2022)
This was a costs application by an employer for being forced to the FWC for a case which had 0 prospects of success, because it utilised a "legal template" (the so-called 'De Cline' template) argument which had already been dismissed by the FWC on multiple occasions (see paras. 33-40, especially 33 and 35). It was both funny and sad to see a "sovereign citizen" argument get totally owned.
The way to approach it would be in a table. Wins, losses, locations, key words (or whatever you fancy). Keep it simple and let people click through to the information they want. Rather than summarising the arguments for each case on it's own in a confusing mega list that rather replicates the website, find the common threads and bundle them together in the table.
*Real feedback because I want us to win: I even found your post above confusing. People are in information overload and need simple, clear information. No acronyms and cryptic language.
I kind of get the feeling from Australia that 'might is right' in a lot of situations. Seems to run more on a cronyism / old boy's club dynamic. That would be one of my main discomforts in moving there permanently.
”Government gains its legitimacy from the consent of the governed,” he says. “Failing to uphold human rights will make our current governance structures unsustainable. And that would cause huge social disruption.”
We are quickly heading to the point of no return, and without saying what I am thinking, you all know what I am thinking. The word "disruption" does not cover it. They are currently covering for this with their crocodile tears and distractions for the Voice to Parliament, but we know what is happening behind the scenes. The pressure relief valve is completely blocked and about to blow https://vicparkpetition.substack.com/p/dear-australian-politicians-and-doctors
Long have I queried the legitimacy of any negative judgment, bought by the judiciary during the Covidian years, against any poor folk simply requesting bodily autonomy and the right to retain their livelihood. We all lose when the gavel drops and judgments go against our fellow Australian’s. Mounting precedents strengthen ‘their’ spurious position. High Court Justices and Magistrates in this country have by and large parroted and remonstrated the GOVT line which has proven fallacious and corrupt. I’ll second the psychopathy tendencies.
The reality is these corporations have used the weight of the law to impose the government’s edicts on their employees, regardless of any impacts or even the slightest genuine necessity or proof of necessity. There is something genuinely sinister and sociopathic at work in this country, and the average punter still thinks that if they vote Labor or Liberal they’ll get their answers, but it’s far worse than that.
The sad thing about this case is that Sydney Trains was not subject to government Public Health orders as regards work vaccine mandates. They simply decided to impose the mandate on their staff themselves.
Cue half the businesses in WA … the question now is at what point there might ever be a handful of them who openly declare a mea culpa and acknowledge just how daft all of this was? Look at the story yesterday in the west - “experts” concerned about dropping of mask mandates as covid cases “surge” and yet not a single nod to the massive elephant in the room, the fact that covid cases are 8-fold higher in Oz in the past year than 2021, and yet experts are “flummoxed” and “alarmed” … this has to come to a head soon, surely? The idea that state entities like NSW rail or whoever they are can obdurately hold sway over the narrative must be coming to an end?
Mar 26, 2023·edited Mar 26, 2023Liked by Rebekah Barnett
People in charge never admit their mistakes or even really communicate with their constitutents (exceptions exist of course) because it isn't necessary anymore. Media runs interference for their every decision. I remember seeing Anne Aly standing outside a polling booth and a constitutent walking up and politely asking her some policy questions. She ignored him and just kept smiling vacantly, handing out papers. She was happy to talk about her shoes, though to another lady and giggle. Happy to cry about her ethnicity in parliament. That's where we are.
I’m more convinced than ever that the odd decent politician emerging in this country is by accident and not design … the party structures select candidates on the back of loyalty to the party and little else, and if they can be a loose collection of empty-headed identity politics wrapped in vapid platitudes then all the better. Which begs the question “who runs the party?”
In NSW, it's one powerbroker who's main client is Pfizer. That's how we got the agruculture minister Dugald Saunders who is injecting livestock with mRNA for foot and mouth. He is catastrophically stupid - literally has no idea what he is doing and Tiba Biotech is running rings around him.
I have no idea how Gerard Rennick slipped through. I have a terrible feeling they will sabotage his preselection in Qld.
Regarding Rennick, while I hope you are wrong I suspect you are right; he strikes me as having the demeanour of a man who realises he may as well swing for the fences now because his team is tired of being embarrassed by his lack of loyalty to the message
“Either way I have already won! We are just blessed that we didn’t have to take the vaccine.”
Eventually, I am certain it will be win-win.
"Fam expresses concern that if our institutions fail to consistently uphold human rights, over time, the government and its associated institutions will lose legitimacy.
'Government gains its legitimacy from the consent of the governed,' he says."
Actually, there is no legitimacy, only raw power. The government and its institutions don't have de jure authority. It's de facto. They have the power to compel compliance. So does a robber with a gun. It does not imply "legitimacy" or "authority." That's a con job for the gullible sheep. The social contract is entirely mythical. It's hypothetical only. There is no consent of the governed. I never gave consent to be vaxxed. We don't even have democracy. Democracy as conceived of by the ancient Greeks was direct, participatory, not represenative. We have the technology for democracy, but we don't have democracy.
I hope the judge or judges in the Sydney Trains case are all fully vaxxed and keeping up with their boosters while also engaging in vigorous cardio after each booster.
So sick of these parasites on the bench.
When vax safety and efficacy is fully debunked they need to be held to account.
A referendum should be held allowing for retrospective legislation to put them on the scaffold.
What goes around comes around.
You wrote exactly as I thought. I would add that in addition to the government theft via raw power, that the 'governed' here are increasingly 'dumbed down', happier sucking on the teat of mother government safety assurances, and on demand entertainment; football, BBQs and ABC to worry they are being herded to their demise.
This state of extended life-long childhood is extremely disturbing. Case in point: politicians crying in parliament. FGS get it together.
Well said! I could not agree more!
Your comments are always fire wow.
Thank you. I can genuinely say the same about yours!
I recommend this piece for more perspective on how little fairness we should expect: https://arkmedic.substack.com/p/die-unfair-arbeitskommission
Yes. An excellent analysis of a deplorable situation.
Yes. My father who was briefly a lawyer before leaving the profession in disgust and advocating for lawyers and judges to all be lined up and shot taught me as a small boy that commissions and tribunals are created purely for the purpose of covering the arse of the State. Fairness and justice does not even come into the equation.
When I hear on the tv that there will be a ‘royal commission’ into a certain alleged corruption I always say it; royal commission = royal coverup
Can not trust the system, it’s built to defend itself and not little joe.
Absolutely and anything they can't coverup they whitewash. The commisioners are invariably political hacks and all the talk about independence and impartiality is just a con job for the suckers.
The outcome is predetermined before the commissionnis even announced.
"Fam expresses concern that if our institutions fail to consistently uphold human rights, over time, the government and its associated institutions will lose legitimacy."
Until then people suffer from the overreach. Same old story. We stop defending what previous generations fought so hard for, with tears, blood and sometimes their lives. The next generations fall asleep again. Are we bound to repeat this cycle endlessly?
Fam got paid. He won. Lawyers may believe that crap he came out with but the government and institutions already have no legitimacy to lose.
I actually never asked if he got paid for this or not. As a human rights lawyer, I imagine he would do a fair bit pro bono. Regardless, in his own words, he did not consider this to be a win. Joseph, on the other hand, made me smile with his gratitude for not having taken the jab.
I have known a few human rights and civil liberties lawyers and, although they do tend to be better than the rest of their profession, in the words of one astute and honest magistrate I spoke to who was a former community legal centre lawyer: "They're just whores like the rest of us."
These decisions are absolutely unconscionable. My husband was terminated and the Fair Work Commission failed him and his colleagues in their decisions (and countless other Australians). In the unlikely event he had won his FWC case, his employer alluded to the fact that they would never accept the decision and would do whatever it took to have it overturned (wasting millions of taxpayer dollars in the process). These people do not care that they have destroyed the lives of their former employees, nor wreaked irreparable damage on our communities.
I wish Joseph and his colleagues all the very best going forward. I am also thankful for people like Peter Fam; he is a truly good man.
Ugh I'm sorry. I don't even know what to say, they have completely failed us.
Thank you, that means a lot. And the work you're doing is so important. I'm still shocked about the FWC outcome, although perhaps not surprised. The idea that courts will uphold these discriminatory decisions and overturn ones which assert workers' rights, is still unbelievable to me. The worst part though, is that so many of our family and friends did not care enough about this to stand alongside us. This experience has been life-changing for us, and we aren't even close to the worst affected. My heart breaks for those who have lost everything preserving their medical rights, and those who were forced to comply.
Judges are appointed from the ranks of lawyers, the occupation that, according to psychopathy researchers, is number 2 for % of psychopaths, just behind CEO at number 1 and just ahead of police at number 3. After decisions like this, forensic accountants should comb through judges' financial affairs with a fine tooth comb. Any sudden, unexplained payments and any connections toPharma should be fully investigated.
other Substackers recently have shown the Jab is not up to product Spec (eg WalNut).
Can they go back and apeal the apeal based on the Quality control issues?
And what a sordid trick this is...
"However, in the appeal, Sydney Trains successfully argued that they had never actually begun an investigation into the drivers, and that therefore Clause 33.5 did not apply."
So another lesson here is, if an investigation is supposed to happen, make sure it happens.
Another one to add to my collection of 400+ FWC mandate cases.
:(
Yeah. *Sigh*
Also reduces the total number of wins from 4 to 3.
Have you done a document dump?
Naw, I find doodads like Google drive or DropBox a tad finnickey.
They're not too hard to find on AustLii. Just limit the search to FWC & FWCFB and punch in "COVID vaccination" as the search term and theyre all there.
https://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=au%2Fcases%2Fcth%2FFWC;method=auto;query=Covid%20vaccination;results=100
Extraordinary! They tried because of the unjustness and belief of ‘giving it a fair crack’ in our beautiful country. Thank you for this hyperlink.
This is amazing. I would be really keen to see you do a post or similar about this. For people who don't know about law, what this website is, it's overwhelming. It would be a very important article about "where we, the people" stand with regards to the law. People need to understand how unsuccessful we have been in the courts and how many people have been fighting. That we haven't just rolled over and given up but we have found no relief. Every one of these cases is someone who tried.
I do have a skeleton draft forming, but it takes a lot of time to summarise the arguments of each case (even if I can speed-read), then categorise each case into more generalised criteria, which are currently:
1. Upheld Cases
- All categories, the most common being "harsh, unjust and/or unreasonable" dismissal, or successful policy disputes on the grounds of "failed to consult" workforce prior to mandate policy implementation.
Two super interesting wins were the NSW Personal Injury Commission (NSWPIC) ones, where two teachers successfully sued NSW Dept of Education for psychological injury due to vax mandates:
[2022] NSWPIC 611 Dawking v Secretary (Department of Education) (3 November 2022)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWPIC/2022/611.html?context=1;query=dawking;mask_path=au/cases/nsw/NSWPIC
[2023] NSWPIC 86 Uzunovska v Secretary, Department of Education (17 February 2023)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWPIC/2023/86.html?context=1;query=dawking;mask_path=au/cases/nsw/NSWPIC
2. Dismissed Cases
a) Mandate policy was deemed 'lawful & reasonable'
b) Employer had valid reason(s) for dismissal of employee (usually failure to comply with a lawful and reasonable direction)
c) Time (applicant failed to submit to FWC within 28 days of dismissal)
d) Jurisdictional (mostly casual employees not being given shifts for refusing vax; they were never dismissed as casual employment consists of a DAILY employment contract - no rostered shift = no contract = NOT AN EMPLOYEE ?!?!)
3. Other
- Other cases not fitting the above criteria which mention COVID-19 vaccination and were of interest. One I found was a VACCINATED member of the Church of Ubuntu (???) who was unlawfully dismissed because that Church has a mandatory no-vaccinations policy.
[2022] FWC 2947 Chait v Church Of Ubuntu (7 November 2022)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2022/2947.html
Another interesting oddiity was
[2022] FWC 2597 Nigel Stock v Rocla Ltd (27 September 2022)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2022/2597.html
This was a costs application by an employer for being forced to the FWC for a case which had 0 prospects of success, because it utilised a "legal template" (the so-called 'De Cline' template) argument which had already been dismissed by the FWC on multiple occasions (see paras. 33-40, especially 33 and 35). It was both funny and sad to see a "sovereign citizen" argument get totally owned.
The way to approach it would be in a table. Wins, losses, locations, key words (or whatever you fancy). Keep it simple and let people click through to the information they want. Rather than summarising the arguments for each case on it's own in a confusing mega list that rather replicates the website, find the common threads and bundle them together in the table.
*Real feedback because I want us to win: I even found your post above confusing. People are in information overload and need simple, clear information. No acronyms and cryptic language.
Cheers. I was merely following the data in the cases. Data collection is always messy though. Just ask Pfizer!
Another 46 for FWCFB
https://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=au%2Fcases%2Fcth%2FFWCFB;method=auto;query=Covid-19%20vaccination;view=relevance-collapse;results=100
I kind of get the feeling from Australia that 'might is right' in a lot of situations. Seems to run more on a cronyism / old boy's club dynamic. That would be one of my main discomforts in moving there permanently.
We cry out for justice!! Sadly, we may have to wait until the next world
Despicable action by a corrupt employer
who had no need to remove those workers at all. Unjust action by the legal profession to support their stand.
”Government gains its legitimacy from the consent of the governed,” he says. “Failing to uphold human rights will make our current governance structures unsustainable. And that would cause huge social disruption.”
We are quickly heading to the point of no return, and without saying what I am thinking, you all know what I am thinking. The word "disruption" does not cover it. They are currently covering for this with their crocodile tears and distractions for the Voice to Parliament, but we know what is happening behind the scenes. The pressure relief valve is completely blocked and about to blow https://vicparkpetition.substack.com/p/dear-australian-politicians-and-doctors
Long have I queried the legitimacy of any negative judgment, bought by the judiciary during the Covidian years, against any poor folk simply requesting bodily autonomy and the right to retain their livelihood. We all lose when the gavel drops and judgments go against our fellow Australian’s. Mounting precedents strengthen ‘their’ spurious position. High Court Justices and Magistrates in this country have by and large parroted and remonstrated the GOVT line which has proven fallacious and corrupt. I’ll second the psychopathy tendencies.
Very well said!
The reality is these corporations have used the weight of the law to impose the government’s edicts on their employees, regardless of any impacts or even the slightest genuine necessity or proof of necessity. There is something genuinely sinister and sociopathic at work in this country, and the average punter still thinks that if they vote Labor or Liberal they’ll get their answers, but it’s far worse than that.
The sad thing about this case is that Sydney Trains was not subject to government Public Health orders as regards work vaccine mandates. They simply decided to impose the mandate on their staff themselves.
Cue half the businesses in WA … the question now is at what point there might ever be a handful of them who openly declare a mea culpa and acknowledge just how daft all of this was? Look at the story yesterday in the west - “experts” concerned about dropping of mask mandates as covid cases “surge” and yet not a single nod to the massive elephant in the room, the fact that covid cases are 8-fold higher in Oz in the past year than 2021, and yet experts are “flummoxed” and “alarmed” … this has to come to a head soon, surely? The idea that state entities like NSW rail or whoever they are can obdurately hold sway over the narrative must be coming to an end?
People in charge never admit their mistakes or even really communicate with their constitutents (exceptions exist of course) because it isn't necessary anymore. Media runs interference for their every decision. I remember seeing Anne Aly standing outside a polling booth and a constitutent walking up and politely asking her some policy questions. She ignored him and just kept smiling vacantly, handing out papers. She was happy to talk about her shoes, though to another lady and giggle. Happy to cry about her ethnicity in parliament. That's where we are.
I’m more convinced than ever that the odd decent politician emerging in this country is by accident and not design … the party structures select candidates on the back of loyalty to the party and little else, and if they can be a loose collection of empty-headed identity politics wrapped in vapid platitudes then all the better. Which begs the question “who runs the party?”
In NSW, it's one powerbroker who's main client is Pfizer. That's how we got the agruculture minister Dugald Saunders who is injecting livestock with mRNA for foot and mouth. He is catastrophically stupid - literally has no idea what he is doing and Tiba Biotech is running rings around him.
I have no idea how Gerard Rennick slipped through. I have a terrible feeling they will sabotage his preselection in Qld.
Regarding Rennick, while I hope you are wrong I suspect you are right; he strikes me as having the demeanour of a man who realises he may as well swing for the fences now because his team is tired of being embarrassed by his lack of loyalty to the message
Reminds me of the following meme: NPC standing in front of growling demons "We can vote our way out of this!"
I’m always reminded of the “Witcher” meme with Henry Cavill simply declaring … “fuck!”
Goes back pretty far too. Just wait till you read about the 19th century deployment of the Native Police.
Great article -- a calm and thorough discussion of a terrible evil.
Bill Gates admitted on TV that the 'vaccines' don't work, so what is the point?
If only the Fair Work Commission was concerned with questions such as these...