Major Court and Tribunal Decisions in Australia in 2021

Abstract

This 2021 annual survey of Australia’s significant court and tribunal decisions spans five key areas. First, the focus is on the High Court’s clarification around how employment status is to be determined. Secondly, it examines decisions that have continued to arise out of the Coronavirus pandemic with respect to dismissals stemming from mandatory vaccination policies, an employer’s liability in respect of an employee’s death caused by Coronavirus, as well as a series of cases involving Australia’s major airline, Qantas Airways Ltd (Qantas). Thirdly, consideration turns to developments in general protections and the first application for a stop sexual harassment order made to the Fair Work Commission. Fourthly, it reviews recent decisions concerning out-of-hours conduct and connection to employment. Finally, decisions giving rise to record penalties for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are evaluated.