Page 35 - Australasian Paint & Panel magazine Nov-Dec 2021

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FAIR WORK COMMISSION
If a worker refuses to be vaccinated what do you list their termination of employment as? The Fair Work Com- mission deputy president Lyndall Dean said public-health orders, including those for COVID-19, had moved 'into the realm of depravation'.
“It is not proportionate, reasonable or necessary to ‘lock out’ those who are unvaccinated and remove their ability to work or otherwise contribute to soci- ety,” Dean said. “All Australians should vigorously oppose the introduction of a system of medical apartheid and segre- gation in Australia.”
She also goes on to say that employers would be held liable for any harm that came to a worker that they mandated vaccinations to.
DISCRIMINATION
Section 48 of the Disability Discrimi- nation Act says: 'This Part does not render it unlawful for a person to dis-
All Australians should
vigorously oppose the introduction of a system
of medical apartheid...”
criminate against another person on the grounds of the other person’s dis- ability if: (a) the person’s disability is an infectious disease; and b) the dis- crimination is reasonably necessary to protect public health.
Legal advice suggests that if, down the track, it is proven that a business has discriminated against a worker they have breached this Act and would make the business open to damages claims.
Part 2 of the Discrimination Disability Act does not allow us to ask the medical status of a worker.
LEGAL
The backstop to all this could very well hinge on a determination which was handed down 26 years ago between Eth-
WWW.PAINTANDPANEL.COM.AU
nic Affairs and Teoh (commonly known as Teoh's case). The High Court deter- mined that Australia has civil rights ob- ligations pursuant to an international covenant that we have entered into; so, even if the government thinks it is not applicable in Australia, it is.
In 1980, Australia signed onto the Unit- ed Nations chamber of civil and political rights and Article 18 of that charter pro- tects both your religious and political rights. There are court cases going on be- hind the scenes that will continue all the way through to the High Court of Aus- tralia and, if necessary, will continue into international courts. Unfortunately, by the time these court cases come about the damage will have been done.
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