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Search: Posts Made By: theheadmaster
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Forum: Australia, New Zealand & the Pacific
18th Nov 2021, 05:34
Replies: 1,268
Views: 246,497
Posted By theheadmaster

The legal test is: is the directive lawful and...

The legal test is: is the directive lawful and reasonable. To be lawful, it must not involve illegality. Reasonableness is a test that looks at the relationship between the directive and the nature...
Forum: Australia, New Zealand & the Pacific
26th Oct 2021, 00:51
Replies: 1,268
Views: 246,497
Posted By theheadmaster

COVID rules don't have to be consistent to still...

COVID rules don't have to be consistent to still achieve a desired health outcome.
Forum: Australia, New Zealand & the Pacific
18th Oct 2021, 23:50
Replies: 1,268
Views: 246,497
Posted By theheadmaster

So this thread comes full circle. The legal test...

So this thread comes full circle. The legal test for an employer to mandate a vaccine is: ‘is it lawful and is it reasonable’. Lawful does not mean it has been directed by a health order or similar,...
Forum: Australia, New Zealand & the Pacific
18th Oct 2021, 22:39
Replies: 1,268
Views: 246,497
Posted By theheadmaster

An employer can mandate a vaccination if it is...

An employer can mandate a vaccination if it is lawful and reasonable. You don’t have to have a public health order for such a mandate to be lawful. Workers have been dismissed for refusing an...
Forum: Australia, New Zealand & the Pacific
11th Oct 2021, 03:59
Replies: 1,268
Views: 246,497
Posted By theheadmaster

It is hard to argue that the current situation is...

It is hard to argue that the current situation is totalitarian. The COVID crisis has seen the decentralisation of power from federal to state.
Forum: Australia, New Zealand & the Pacific
11th Oct 2021, 02:44
Replies: 1,268
Views: 246,497
Posted By theheadmaster

It is also worth noting that if someone refuses...

It is also worth noting that if someone refuses to vaccinate and is subsequently dismissed, a successful challenge that finds the dismissal unfair does not necessarily result in a remedy of...
Forum: Australia, New Zealand & the Pacific
10th Oct 2021, 23:36
Replies: 1,268
Views: 246,497
Posted By theheadmaster

You have stated on several posts what you believe...

You have stated on several posts what you believe are the circumstances an employer can mandate vaccination. To clarify for you and for others that may be confused, the Fair Work website states the...
Forum: Australia, New Zealand & the Pacific
10th Oct 2021, 22:00
Replies: 1,268
Views: 246,497
Posted By theheadmaster

Potential Commonwealth offence with prison time...

Potential Commonwealth offence with prison time for anyone convicted of doing that. Goes without saying that you would also not be able to hold an ASIC.
Forum: Australia, New Zealand & the Pacific
10th Sep 2021, 02:50
Replies: 1,268
Views: 246,497
Posted By theheadmaster

If you are truly concerned about what your rights...

If you are truly concerned about what your rights and obligations are as a Qantas pilot regarding the vaccination policy, please give the legal department of your union a call. I believe the views...
Forum: Australia, New Zealand & the Pacific
27th Aug 2021, 23:21
Replies: 1,268
Views: 246,497
Posted By theheadmaster

It will be interesting to see if there is a high...

It will be interesting to see if there is a high correlation between those pilots who refuse to vaccinate and who are otherwise difficult for the company to manage. It might end up being a golden...
Forum: Australia, New Zealand & the Pacific
27th Aug 2021, 23:00
Replies: 1,268
Views: 246,497
Posted By theheadmaster

If Qantas does enforce a vaccine mandate, you...

If Qantas does enforce a vaccine mandate, you won’t be made redundant if you don’t comply, your employment will be terminated. Big difference.
Forum: Australia, New Zealand & the Pacific
26th Aug 2021, 01:27
Replies: 1,268
Views: 246,497
Posted By theheadmaster

Why would you say that?

Why would you say that?
Forum: Australia, New Zealand & the Pacific
26th Aug 2021, 00:48
Replies: 1,268
Views: 246,497
Posted By theheadmaster

To keep it simple, you have it wrong again. You...

To keep it simple, you have it wrong again. You have described the civil law system. While a lawyer may not actually make the law with regards to what is lawful and reasonable, they have the training...
Forum: Australia, New Zealand & the Pacific
25th Aug 2021, 22:33
Replies: 1,268
Views: 246,497
Posted By theheadmaster

Lawful and reasonable are legal concepts backed...

Lawful and reasonable are legal concepts backed by case law. It is not what you may think is ‘reasonable’. I don’t agree with your assessment that something that is a health issue falls outside...
Forum: Australia, New Zealand & the Pacific
25th Aug 2021, 11:14
Replies: 1,268
Views: 246,497
Posted By theheadmaster

Xeptu, several times you appear to question the...

Xeptu, several times you appear to question the ability of employers to mandate vaccination as the COVID vaccine has not been ‘legislated’. I suspect that you may be confused as to what legal system...
Forum: Australia, New Zealand & the Pacific
21st Aug 2021, 14:18
Replies: 1,268
Views: 246,497
Posted By theheadmaster

King air, instead of ‘headscarf’, replace with...

King air, instead of ‘headscarf’, replace with ‘shirt and pants’. You have to wear a shirt and pants to get into a restaurant, shop, airline aircraft etc. I don’t really think my rights are violated...
Showing results 1 to 16 of 16


 
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