Aged care worker sacked for refusing a flu vaccine lodges an appeal to which the Fair Work Commission hands down a [case law] decision
https://drive.google.com/file/d/1YQ4NUCpVTOK3x55eBBw9CV9IKJ9stFDy
Vid starts at 46s
[2021] FWCFB 6015 FAIR WORK COMMISSION DECISION
Kimber v Sapphire Coast Community Aged Care Ltd (27 September 2021)
Excerpts from decision
[106] On 13 August 2021, the Australian Council of Trade Unions (ACTU) and the Business Council of Australia (BCA) issued a joint statement on mandatory COVID vaccinations in which it acknowledged the Australian Government’s COVID vaccination policy that the vaccine is voluntary, and confirmed the views of the BCA and ACTU that “for the overwhelming majority of Australians, your work or workplace should not fundamentally alter the voluntary nature of vaccination”.
[107] The Fair Work Ombudsman has publicly stated that employers will need to have a “compelling reason” before requiring vaccinations, and that “the overwhelming majority of employers should assume that they can’t require their employees to be vaccinated against coronavirus”.
[108] Safe Work Australia has publicly stated that “most employers will not need to make vaccinations mandatory to meet their [health and safety] obligations”.
[111] Mandatory COVID vaccinations, however, cannot be justified in almost every workplace in Australia. While there are numerous reasons for this, this decision will focus on:
a) the requirement for freely given and informed consent for medical procedures;
b) denying an unvaccinated person the ability work on health and safety grounds, whether at the initiation of an employer or as part of a PHO; and
c) the requirements to comply with disability discrimination laws.
Can COVID vaccinations be mandated by employers on health and safety
grounds? [130] The short answer to this question, in almost every case, is no.
[145] In short, there is no justifiable basis for employers to mandate COVID vaccinations to meet their health and safety obligations when other options are available to appropriately manage the risk.
[180] The statements by politicians that those who are not vaccinated are a threat to public health and should be “locked out of society” and denied the ability to work are not measures to protect public health. They are not about public health and not justified because they do not address the actual risk of COVID. These measures can only be about punishing those who choose not to be vaccinated. If the purpose of the PHOs is genuinely to reduce the spread of COVID, there is no basis for locking out people who do not have COVID, which is easily established by a rapid antigen test. Conversely, a vaccinated person who contracts COVID should be required to isolate until such time as they have recovered.
[181] Blanket rules, such as mandating vaccinations for everyone across a whole profession or industry regardless of the actual risk, fail the tests of proportionality, necessity and reasonableness. It is more than the absolute minimum necessary to combat the crisis and cannot be justified on health grounds. It is a lazy and fundamentally flawed approach to risk management and should be soundly rejected by courts when challenged.
[182] All Australians should vigorously oppose the introduction of a system of medical apartheid and segregation in Australia. It is an abhorrent concept and is morally and ethically wrong, and the anthesis of our democratic way of life and everything we value.
[183] Australians should also vigorously oppose the ongoing censorship of any views that question the current policies regarding COVID. Science is no longer science if it a person is not allowed to question it.
[184] Finally, all Australians, including those who hold or are suspected of holding “anti-vaccination sentiments”, are entitled to the protection of our laws, including the protections afforded by the Fair Work Act. In this regard, one can only hope that the Majority Decision is recognised as an anomaly and not followed by others.
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Those who fail to appreciate history
https://www.bitchute.com/video/PX1W5ph1KL2Q
FREEDOM PROTESTORS TEMPLATE – APPLICATION FOR DISMISSAL - https://drive.google.com/file/d/1r-CzSlWwTiQO6P7Stb1zf3kKxhbtIo1p
REPORT OF THE SPECIAL RAPPORTEUR ON THE INDEPENDENCE OF JUDGES AND LAWYERS, PARAM CUMARASWAMY, SUBMITTED IN ACCORDANCE WITH COMMISSION RESOLUTION 1999/31 = https://drive.google.com/file/d/1u-jhjX1PccRQBt9h7nP64qscUD_nfcbd
UN Document for Petition against Corrupt Judicial Conduct Commission - https://drive.google.com/file/d/18FW6uEggvan5R6WkYWZLKFK0KMEILUMP
Section 83 NZ Documents link for templates to assist various professions - https://drive.google.com/drive/folders/1G1I1CKWaEm8P_aJsDor9gYVJTRE572nM
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