Репост из: National Education United
CASE LAW:
In Hamad v Q Catering Limited [2017] NSWWCCPD 6 (15 March 2017) (Hamad), the
respondent/employer was unable, on the available evidence and in the absence of any medical evidence dealing appropriately with the topic,
to discharge its onus in proving the worker’s psychological injury resulted “wholly or predominantly” from its reasonable action taken or proposed to be taken with respect to discipline.
This (Hamad v Q Catering Limited) is so of the D.O.E's case...
even though what they call "reasonable" cannot be lawfully named thus.
The D.O.E did not cross-examine the claimant's psychological or physical state anyway...
The D.O.E, as with the their (crown solicitor's) I.R.C case,
attempted to hide behind the P.H.O.
However,
whereas in the I.R.C hearings for 'unfair dismissal'
the removal of education workers from schools was deemed an 'intervening act of statutory force' rendering any unfairness of dismissal a 'frustration of contract' caused by the P.H.O,
the
D.O.E could not use this
as nowhere within the P.H.O did it articulate that education workers were to be hunted for misconduct or terminated!
As it happened in the workplace, it is essentially a workplace injury!
Their case was not helped by the fact that they confessed to this
by stating that they announced it (10:56AM 27/08/21) before the 11am Berejiklian media address,
so as to break it to us nicely and so we didn't have to hear it via the news.
Again,
a workplace injury!
They had shown that,
during stage 4 lockdowns (for example),
they could split the workforce into those (usually executive) who attended schools
(supervising kids who had nowhere else to go [also proving how lethal C-19 isn't])
&
those who taught digitally through 'remote learning'.
'Remote learning' ('continuity of education') is what Dr. Paul Wood was awarded the Public Service Medal!
Pull Woody couldn't, however,
(& you should have heard the inflection in the way Dodds enounced 'doctor' here 🤣)
communicate why those prohibited from approaching school sites (threatened with police)
couldn't have been assigned 'alternate duties' (as were the Firefighters for example).
In fact, Pull Woody (for a doctor and all) couldn't articulate much at all.
He didn't feel qualified to count months.
He didn't feel qualified to offer opinion.
For a guy who was Executive Director for C-19 Taskforce,
Woody couldn't tell us what or why he did anything really...
He did assert that there was only around 200 of us who refused the 'vaccination'.
However (as with the rest),
this only helped our case also, as
if there were only around 200 of us
why not find us alternate duties instead of attacking us with Darly/P.E.S/Rob Easton/C-19 P.E.S and terminating people?
You did say, didn't you Woody, that "during C-19 [you] supported [teachers] from home and from schools site[s]", right?
Oops,
gotcha again Woody (& pokey nosey lawyers).
Aside from dodging having knowledge of much, or answering or having any responsibility, Woody failed
in his 'blanket email' to "delineate between all and individual staff".
Or, he blamed it all on Daryl 'Darly' Currie
or Yvette Cachia.
Though, much was of "a level of detail I don't have recollection of".
In Hamad v Q Catering Limited [2017] NSWWCCPD 6 (15 March 2017) (Hamad), the
respondent/employer was unable, on the available evidence and in the absence of any medical evidence dealing appropriately with the topic,
to discharge its onus in proving the worker’s psychological injury resulted “wholly or predominantly” from its reasonable action taken or proposed to be taken with respect to discipline.
This (Hamad v Q Catering Limited) is so of the D.O.E's case...
even though what they call "reasonable" cannot be lawfully named thus.
The D.O.E did not cross-examine the claimant's psychological or physical state anyway...
The D.O.E, as with the their (crown solicitor's) I.R.C case,
attempted to hide behind the P.H.O.
However,
whereas in the I.R.C hearings for 'unfair dismissal'
the removal of education workers from schools was deemed an 'intervening act of statutory force' rendering any unfairness of dismissal a 'frustration of contract' caused by the P.H.O,
the
D.O.E could not use this
as nowhere within the P.H.O did it articulate that education workers were to be hunted for misconduct or terminated!
As it happened in the workplace, it is essentially a workplace injury!
Their case was not helped by the fact that they confessed to this
by stating that they announced it (10:56AM 27/08/21) before the 11am Berejiklian media address,
so as to break it to us nicely and so we didn't have to hear it via the news.
Again,
a workplace injury!
They had shown that,
during stage 4 lockdowns (for example),
they could split the workforce into those (usually executive) who attended schools
(supervising kids who had nowhere else to go [also proving how lethal C-19 isn't])
&
those who taught digitally through 'remote learning'.
'Remote learning' ('continuity of education') is what Dr. Paul Wood was awarded the Public Service Medal!
Pull Woody couldn't, however,
(& you should have heard the inflection in the way Dodds enounced 'doctor' here 🤣)
communicate why those prohibited from approaching school sites (threatened with police)
couldn't have been assigned 'alternate duties' (as were the Firefighters for example).
In fact, Pull Woody (for a doctor and all) couldn't articulate much at all.
He didn't feel qualified to count months.
He didn't feel qualified to offer opinion.
For a guy who was Executive Director for C-19 Taskforce,
Woody couldn't tell us what or why he did anything really...
He did assert that there was only around 200 of us who refused the 'vaccination'.
However (as with the rest),
this only helped our case also, as
if there were only around 200 of us
why not find us alternate duties instead of attacking us with Darly/P.E.S/Rob Easton/C-19 P.E.S and terminating people?
You did say, didn't you Woody, that "during C-19 [you] supported [teachers] from home and from schools site[s]", right?
Oops,
gotcha again Woody (& pokey nosey lawyers).
Aside from dodging having knowledge of much, or answering or having any responsibility, Woody failed
in his 'blanket email' to "delineate between all and individual staff".
Or, he blamed it all on Daryl 'Darly' Currie
or Yvette Cachia.
Though, much was of "a level of detail I don't have recollection of".