2023 REPLAY 1-2pm Bodily Autonomy and Freedom of Expression during COVID-19 with Mahmoud Mando

This recorded webinar will occur on the 7th of March 2024 at 1pm to 2pm it will discusses three recent 2022 cases addressing the following learning outcomes:

Appreciate how COVID-19 mandatory vaccination policies interplayed with existing legal framework in Australia
Consider the role of principles of freedom of political speech in the context of COVID-19 policies
Distinguish between political and non-political speech and which forms of expression may be protected by anti-discrimination laws in the context of COVID-19 policies
Consider the application of general protections against disability discrimination and political communication under the Fair Work Act to the Employer-Employee relationship in the COVID-19 context
Understand the significance of contractual factors and legal principles pertaining to the Employer-Employee relationship in the context of mandatory vaccination policies

Information about cases

Mahmoud Mando, Barrister appeared in three Superior Court Cases Mahmoud Mando in 2022 in the COVID-19 context:

Thiab v Western Sydney University [2022] NSWSC 760 – acted for university nursing student whose placement was terminated by the university because she criticised the COVID-19 vaccines and the government policy of mandatory vaccination – held: the university, in terminating the student’s placement because of her anti-vaccine statements, in particular her views expressing disagreement with the government’s mandatory vaccination policies, engaged in ‘political discrimination’ in breach of s 35 of Western Sydney University Act and so acted unlawfully in terminating her placement.
Wolfraad v Serco Australia Pty Limited [2022] FedCFamC2G 1063 (29/11/22) FCFCA – human rights; employment law; termination of employee for refusal to get COVID-19 vaccine; unvaccinated status as basis for disability discrimination and adverse action claim/ breach of s 351 general protections Fair Work Act; adverse action claim for breach of s 351 general protections Fair Work Act; inherent requirements of employment; whether vaccination for Covid-19 was an inherent requirement of employment; whether employer’s direction was reasonable; political discrimination; criticism of Covid-19 mandatory vaccination policy as basis for adverse action claim.
Buckley v Council of the Law Society [2022] NSWSC 328 – appeal to Supreme Court of NSW relating to professional disciplinary proceedings against solicitor / legal practitioner suspended by Law Society of NSW on basis of misconduct relating to public statements made by the solicitor on social media against judiciary’s and government’s COVID-19 rulings and policies – acted for the solicitor on appeal against suspension of licence to practice due to misconduct based on public statements on social media in COVID-19 context – freedom of speech principles in their application to legal practitioners; appropriate penalty, whether necessarily punitive.

1 CPD unit/points Substantive Law

About your speaker:

Mahmoud Mando is a barrister-at-law in Sydney who practices out of Edmund Barton Chambers in Martin Place. He was admitted as a barrister in 2013 and as a legal practitioner in 2004. He has a Bachelor of Laws (First Class Honours) / Bachelor of Business from the University of Technology, Sydney and a Bachelor of Arts from the University of Sydney.

He regularly appears in both State and Federal Courts and is a sought-after courtroom advocate. During the COVID-19 crisis of 2020-2022, he developed his expertise in human rights’ legal principles pertaining to bodily autonomy and freedom of expression in Australia in the context of mandatory vaccination policies.