No worries. I archived them in my records in such a way as to easily find them:
Construction, Forestry, Maritime, Mining and Energy Union, Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (3 December 2021)
Thanks for sharing this good news. What is hopeful is that the judge is considering common sense, ie that train driving is a solitary occupation, and that they were no risk to anyone. I recall seeing a piece on US air force pilots, unvaccinated, being forced to wear surgical masks - in single seater fighter jet planes!
Nov 11, 2022·edited Nov 11, 2022Liked by Rebekah Barnett
hmm i think my comment disappeared.
This is great news and gives some scope to have my FWC unfair dismissal claim revisited. Deputy President Cross is who rejected my claim initially too.
Commission Matter Number # C2022/419 Decision Number [2022] FWC 1188
I was going to get involved with arkmedic's effort to collate a list of the unfair dismissal / general protections applications lodged with the FWC and IR that related to workplace vaccines mandates. Haven't the time at the moment to start another massive project but I still intend to pursue or contribute to it.
When i'm ready to, I'll also review my case and decision in detail. I suspected that my case and subsequent FWC decision caused the definition of "Financial Institution" referred to in the WA Workplace Vaxx Mandates Group 2 Cohort & Critical Businesses Worker (Restrictions on Access) to be amended.
My hearing was listed 27/4/22 but was rescheduled to 3/5/22. The WA Health Dept published Critical Businesses Worker (Restrictions on Access) Directions (No 2) Exemption and Temporary Exemption application form, and Critical Businesses Worker (Restrictions on Access) Directions (No 2) Exemption Guidelines on 29/4/22, and I think this was done because my main argument was that I wasn't provided any information from the Office of the WA CHO on how "Financial Institution" and "critical business worker" are defined specifically. I requested the same in writing and NEVER received a response.
Gosh I get angry just writing out this legislative nonsense. Happy to provide any further information :-) Thanks!
Thank you guys for standing your ground. Thank you for doing what our representatives failed to do in this important event. God bless you guys and your family. Thank you.
To those FIVE unvaccinated train driver: YOU BLOODY BEAUTY!
As an unvaxxed NSW Public Bus driver, thanks so much for posting.
One of my side projects is sifting through the 400+ FWC cases on mandates. 99% were dismissed. This makes 4 I know of that were successful.
If you ever get the time can you link the other 3? I'm interested to read the reasoning for the wins. I agree, every little win is a spark of hope!
And another:
[2022] FWC 1922 Mr Manny Koulakis v The Commissioner for Public Employment
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2022/1922.html
[Harsh, unjust and unreasonable dismissal - firefighter on LSL then mandate dropped]
I found another one:
[2022] FWC 1133 Ms Anna Gikas v The Commissioner for Public Employment
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2022/1133.html
[HARSH & UNREASONABLE - cardiac exemption sought]
No worries. I archived them in my records in such a way as to easily find them:
Construction, Forestry, Maritime, Mining and Energy Union, Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (3 December 2021)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB/2021/6059.html
[[Upheld on the grounds of FAILURE TO CONSULT - my commentary on this case is here: https://fullbroadside.substack.com/p/cfmeu-v-mt-arthur-coal-mine-a-positive-case-in-a-sea-of-negatives]]
Robyn Pskiet v Maicap Unit Trust T/A Nocelle Foods [2022] FWC 1534 (29 July 2022)
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWC/2022/1534.html
[[Upheld on the grounds of harsh and unreasonable dismissal from employment]]
The 3rd case was before the NSW Personal Injury Commission (Diane Dawking, represented by David McCabe). I have not been able to locate the judgement as yet, but it was reported on in The Guardian on 5th November, 2022: https://www.theguardian.com/australia-news/2022/nov/05/psychological-injury-nsw-teacher-wins-compensation-payout-over-handling-of-vaccine-mandate
If anyone wants my search queries, they are as follows.
On the AutLII database home page (https://www.austlii.edu.au/), select the "CASES & LEGISLATION" tab (https://www.austlii.edu.au/databases.html)
Select FAIR WORK COMMISSION database and search for "COVID-19 vaccination" (370 documents):
https://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=au%2Fcases%2Fcth%2FFWC;method=auto;query=COVID-19%20vaccination;view=date-latest
Also select FAIR WORK COMMISSION FULL BENCH database and search "COVID-19 vaccination" (26 documents):
https://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=au%2Fcases%2Fcth%2FFWCFB&method=auto&query=COVID-19+vaccination
There is probably more wins, as I've only made my way through about 50 judgements so far (and more get added every week).
Cheers!
I know of the special needs teacher from NSW Dept of Education and this case.
I think the Human Rights lawyer monitoring such cases here is Peter Lam
The walls are crumbling, sue and Nuremberg 2 a must ... bring out the popcorn and watching
I really hope you are right.
Thanks for sharing this good news. What is hopeful is that the judge is considering common sense, ie that train driving is a solitary occupation, and that they were no risk to anyone. I recall seeing a piece on US air force pilots, unvaccinated, being forced to wear surgical masks - in single seater fighter jet planes!
I sent a note to those Fab Five via
https://transportnsw.info/contact-us/feedback/train-feedback
hmm i think my comment disappeared.
This is great news and gives some scope to have my FWC unfair dismissal claim revisited. Deputy President Cross is who rejected my claim initially too.
Sorry to hear your claim was denied. So many have been!
Can I have your FWC judgement number please? I am collating these cases for a future article exploring why the many seem to fail.
Would like to read this.
Commission Matter Number # C2022/419 Decision Number [2022] FWC 1188
I was going to get involved with arkmedic's effort to collate a list of the unfair dismissal / general protections applications lodged with the FWC and IR that related to workplace vaccines mandates. Haven't the time at the moment to start another massive project but I still intend to pursue or contribute to it.
When i'm ready to, I'll also review my case and decision in detail. I suspected that my case and subsequent FWC decision caused the definition of "Financial Institution" referred to in the WA Workplace Vaxx Mandates Group 2 Cohort & Critical Businesses Worker (Restrictions on Access) to be amended.
My hearing was listed 27/4/22 but was rescheduled to 3/5/22. The WA Health Dept published Critical Businesses Worker (Restrictions on Access) Directions (No 2) Exemption and Temporary Exemption application form, and Critical Businesses Worker (Restrictions on Access) Directions (No 2) Exemption Guidelines on 29/4/22, and I think this was done because my main argument was that I wasn't provided any information from the Office of the WA CHO on how "Financial Institution" and "critical business worker" are defined specifically. I requested the same in writing and NEVER received a response.
Gosh I get angry just writing out this legislative nonsense. Happy to provide any further information :-) Thanks!
Thank you guys for standing your ground. Thank you for doing what our representatives failed to do in this important event. God bless you guys and your family. Thank you.