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Old 25th Aug 2021, 11:14
  #230 (permalink)  
theheadmaster
 
Join Date: Aug 2006
Location: Sydney
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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 we use in Australia. We are a ‘common law’ country as opposed to a ‘civil law’ country. Civil law is based on all laws being codified. In common law countries, law is based on laws that are codified (such as legislation) and also on the common law (judge made law) and equity. As an employee of Qantas, pilots will be subject to their obligations under statute, their enterprise agreement and also their common law obligations. One of those common law obligations is to follow a lawful and reasonable direction from their employer. The article linked above describes that obligation in the context of vaccination. For information, one of the people providing information in that article is Andrew Stewart. Those that have studied employment law would recognise him as the person that literally ‘wrote the book’ on Australian employment law.
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