• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


No Jab, No Job – An Update on Mandatory Vaccines in the Workplace

Since our last article on vaccinations (which you can read here), the Fair Work Commission has made a landmark decision on mandatory vaccinations. This now gives far clearer guidance to employees and employers on whether requiring vaccination is a lawful and reasonable direction.

In the case of Barber v Goodstart Early Learning [2021] FWC 2156, the employee argued that it was illegal for her to be sacked after failing to abide by the business’ mandatory immunisation policy. The policy mandated her to get the flu vaccination in order for her to continue working in an early learning centre.

Barber refused the flu vaccine on the basis that she had a medical condition preventing her from having it. Despite presenting a medical certificate, which her employer (and later the Fair Work Commission) rejected, Barber was dismissed from her employment.

Goodstart Early Learning claimed that she did not meet the inherent requirements of her role by not being vaccinated. Although the Fair Work Commission did not accept that it was an inherent requirement of the role, it found that it was lawful and reasonable that Goodstart direct their staff to be vaccinated. Accordingly, the Fair Work Commission found that Barber’s noncompliance with that lawful and reasonable direction was valid grounds for her termination.

The Fair Work Commission found it to be a lawful and reasonable direction, as:

  1. Goodstart was required by the Work Health and Safety Act 2011 (Qld) to ensure the safety of its staff and children in its care;
  2. Goodstart had particular responsibilities to avoid the spread of infectious disease;
  3. Goodstart operated in a highly regulated industry with unique statutory obligations where safety and the protection of children was of the utmost importance;
  4. Many governments were recommending and encouraging that childcare sector staff receive the flu vaccine;
  5. The vaccine was free for staff and the immunisation policy was appropriately and reasonably implemented, allowing for exceptions for valid medical exemptions.

This case solidifies that it may be a lawful and reasonable direction to mandate the COVID-19 vaccine in highly regulated industries and those most exposed to the virus.

If you would like any advice about mandating vaccination in your workplace and/or our help in drafting a vaccination policy, please contact our experienced employment law team at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by Taurus Legal Management