Blackwood v Northern Beaches Council [2022] NSWIRComm 1052

Blackwood v Northern Beaches Council [2022] NSWIRComm 1052

The dismissal was not harsh, unreasonable or unjust because the Council's COVID-19 Vaccination Policy was lawful and reasonable, Mr Blackwood was aware of the Policy and the risk of dismissal, did not provide medical evidence supporting an exemption, did not engage in the risk assessment process despite...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Application Under S 84 of the Industrial Relations Act 1996 Claiming Dismissal Was Harsh, Unreasonable or Unjust / Hearing and Final Determination
Outcome
The Application is dismissed.
Legal Topics
['unfair Dismissal' 'covid 19 Vaccination Policy' 'lawful and Reasonable Direction' 'work Health and Safety Risk Assessment' 'medical Contraindication' 'procedural Fairness']
['employment and Industrial Law'] ['unfair Dismissal' 'covid 19 Vaccination Policy' 'lawful and Reasonable Direction' 'work Health and Safety Risk Assessment' 'medical Contraindication' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Application Under S 84 of the Industrial Relations Act 1996 Claiming Dismissal Was Harsh, Unreasonable or Unjust / Hearing and Final Determination

Legal Issues

  1. 1 ["Whether the Council's COVID-19 Vaccination Policy was lawful and reasonable" "Whether Mr Blackwood's medical condition made the dismissal harsh, unreasonable or unjust" 'Whether the Council denied Mr Blackwood fairness by conducting the role risk assessment without his participation' 'Whether the Council was required to provide alternative duties or arrangements for Mr Blackwood as an unvaccinated employee' 'Whether dismissal while Mr Blackwood was on sick leave, one day before his 15th work anniversary, or alleged underpayment of entitlements made the dismissal harsh, unreasonable or unjust']

Ratio Decidendi

The dismissal was not harsh, unreasonable or unjust because the Council's COVID-19 Vaccination Policy was lawful and reasonable, Mr Blackwood was aware of the Policy and the risk of dismissal, did not provide medical evidence supporting an exemption, did not engage in the risk assessment process despite opportunities to do so, was given an opportunity to show cause, and the Council was not required to create a bespoke role or permit him to perform less than the full range of his duties.

Court Disposition

The Application is dismissed.

Orders

  • ['The application is dismissed.']