Yep legal minefield upon minefield.
If the employee is fit, capable and prepared to work and fulfilling their roles and responsibilities there is no grounds for dismissal - as the constitution states they cannot be forced to have any medical procedure. Section 51.23a.
The only way the constitution can be changed is by public referendum.
The Australian public voted for that clause in 1946 immediately after WW2. It has been challenged 30 odd times in the supreme court and defeated every time.
The consitution is commonwealth law.
If there's ever a conflict between a state and commonwealth law the constitution states the commonwealth law wins every time. 100%. No legal argument entered into.
On that, said employer would have to allow said employee to work from home if they don't want them on their property.
Workplace health and safety acts do not override the Australian constitution.
Nothing does.
There are ways around letting someone go at a work place now. The three strike policy does not exist.
If you want someone gone it is all too easy to say that there is no job in that position anymore.
The only acts that succeed in unfair dismissal are ones of discrimination,and the Australian Commonwealth's Act of discrimination consist of the following:
In Australia, it is unlawful to discriminate on the basis of a number of protected attributes including age, disability, race, sex, intersex status, gender identity and sexual orientation in certain areas of public life, including education and
employment.
No mention of vaccinations status whatsoever.
And contesting an unfair dismissal is extremely hard, and hardly at all if ever, succeeds unless it is based on the aforementioned basis.
Trust me, I've had to look deep into this topic. A workplace can say there is no work for an employee a lot easier now than it used to be able to.
Edit: I left out the most important part. To contest an unfair dismissal you only have 21 days to do so. After that it has to be a clear cut case of discrimination, otherwise there is next to no chance of succeeding.
www.australianssayno.com
