Zsombor v New South Wales Institute of Sport Staff Agency ABN 975 882 795 [2022] NSWIRComm 1088

Industrial Relations Commission New South Wales Medium Neutral Citation: Zsombor v New South Wales Institute of Sport Staff Agency ABN 975 882 795 [2022] NSWIRComm 1088 Hearing dates: 30 June 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – employee dismissed for failure to comply with employer's requirement to be vaccinated against COVID-19-whether the requirement to become vaccinated against COVID-19 was a lawful and reasonable direction- whether dismissal otherwise harsh, unreasonable or unjust. Legislation Cited: Industrial Relations Act 1996 (NSW) Australian Human Rights Commission Act 1998 (Cth) Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); and Australian Workers' Union; v ASC Pty Ltd T/A Australian Submarine Corporation [2022] FWC 1198 Blackwood v Northern Beaches Council 9[2022] NSWIRComm 1052 Burge v NSW BHP steel Pty Ltd [2001] NSWIRComm 117 Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Construction, Forestry, Maritime, Mining, and Energy Union & Mr Matthew Howard v Mt Arthur Coal Mine Pty Ltd T/A Mt Arthur Coal (2021) 310 IR 399; [2021] FWCFB 6059 Jovan Jovcic and Filip Markovic v Coopers Brewery Limited [2022] FWC 1931 Les Tytula v Coventry Group Limited T/A Cooper Fluid Systems [2022] FWC 2085 Stuart Tween v Qantas Airways Ltd [2022] FWC 1594 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273. Texts Cited: Nil Category: Principal judgment Parties: Zsolt Zsombor (Applicant)