COVID-19 - INFORMATION & RESOURCES
At HHG Legal Group, we take the welfare and wellbeing of our employees and clients seriously. It is a priority of HHG Legal Group to ensure our people are safe, feel supported and kept informed.
Here you will find all of our latest COVID-19 insights and key contacts listed below.
Our COVID Response Team are on-hand to provide legal advice and representation throughout these challenging times.
FREQUENTLY ASKED QUESTIONS
Section 167 of the Public Health Act 2016 (WA) empowers the Minister to declare a public health state of emergency in the state. The Minister must consider the advice of the Chief Health Officer before issuing a declaration and be satisfied that a public health emergency is present and that extraordinary measures are necessary to protect the community.
The government has extended the declaration on a rolling basis by 14 days at a time (the maximum it can be extended for at a time). This declaration enables the government to exercise “emergency powers” which include the ability to make directions such as those recently announced.
Depending on your occupation individuals may be eligible for an exemption. Potential grounds of exemption include a medical exemption, a temporary exemption or an exemption in the performance of a specific duty.
The Federal Government is currently developing a claims scheme to compensate individuals who suffer a moderate to significant impact as a result of an adverse reaction to the vaccine.
The proposed scheme is only available to individuals who have been administered a vaccine approved by the Therapeutic Goods Administration (TGA).
Evidence requirements apply for making a claim under the scheme, which will cover the costs of injuries $5,000 and above.
Businesses have an obligation to provide a safe workplace for employees. If an employee is not vaccinated by the relevant date, a business may choose to refuse an employee attendance of their workplace unless they have an approved exemption. Depending on the nature of work, the business can consider working from home arrangement or employing the person in an alternative role or work location. It should be noted that employees will not be paid if they are not able to work unless they are lawfully accessing annual, personal or long service leave. Employees cannot be forced to resign. In the event an employee can no longer perform their role, this may form the basis for termination or other disciplinary action.
If you are fired, stood down, forced to take leave or put on unpaid leave as a result of not being vaccinated the usual employment laws apply. You may have a legal claim depending on the circumstances of your employment, the unique requirements of your workplace and the nature of your dismissal.
Vaccination status in and of itself is not protected from discrimination. At this stage, businesses can choose to prohibit persons attending at their site if they’re not vaccinated (or for any other reason, provided it is not discriminatory). However, business should be careful about exercising this option as it might be indirect discrimination if the employee’s reason for not being vaccinated is protected. Businesses may wish to consider reasonable alternatives to vaccination such as masks and social distancing to protect their staff.
Can employers make vaccination mandatory even if they are not currently covered by a government directions?
Yes, businesses can introduce mandatory workplace vaccination policies even if they are not covered by government directions. Businesses will need to justify that any such policy is lawful and reasonable, such as for the protection of the health and safety of their staff. Businesses should also take into account whether other options are available and should be implemented such as masks, social distancing or working from home.
Our COVID Response Team
*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.
Supporting Western Australians for more than 100 years
"Always fast and thorough service. Thank you"
"My circumstances at the time I made contact with HHG were dire following my argument being rejected by two no win no fee firms. Following my initial meeting with HHG's employment law team I was left feeling extremely positive by the response and concern shown by HHG in regards to their support of my argument along with their preparedness to pursue an outcome on my behalf.
I accept the fact that nobody really wins in these cases (mental health/ workplace) however the end result was what would be considered most favourable and far in excess of what would have been achieved had I not sought the advice from HHG.
I have no hesitation in recommending HHG to anyone caught up in the messy circumstances I found myself in at the time.
Great advice and five-star commitment to their client!!"
"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."
"Simon Creek and his team were at all times empathic, professional and confident. My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated. It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"
Dr Lana Bell
"A good outcome is what we can expect. A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.
To HHG Legal Group, thank you for a great outcome. I would recommend your company to anyone seeking legal services."
"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf. It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."
Family Law Client
"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however, Janene's approach was soft and accommodating."
"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."
Nigel Plowman, Director at Mckinley Plowman & Associates
"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."
Michael Malone, Founder of iiNet
"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."
Steve Harvey and Jane Powell
"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."
"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."
"I had a fantastic lawyer in Matthew Lilly. He helped me out a great deal with good, sound advice in a friendly, professional manner. First class, thanks Matthew"
"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first-class service. Their professional advice has been invaluable to our company."
Carolin Grimm - Marine Plant Systems
"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."
Rosslyn Tasker - COO Altusq Pty Ltd
"Good service you can count on."
"HHG Legal Group has provided outstanding support as I have taken the journey of buying a business, their professionalism is beyond reproach. Their assistance throughout the Due Diligence process has been invaluable, I would fully recommend them."
"Lisa, thank you so much for representing me in court, honestly, I would not have had the outcome I got without you. Once again, Thank you so much."
"Matthew Lilly was excellent in processing our project. He achieved the excellent result that we required on our project.
We would give Matthew a 5 star rating.
We will definitely commission Matthew for any further projects if we have the need."
"I have had the pleasure of being represented by Ms Lisa Riley. Lisa helped me in December 2020 when I was charged. Lisa was extremely supportive, reassuring, and preserved with her investigation of the laws and was able to save me from a terrible outcome. Another incident occurred in August 2021 in which I sought Lisa’s help. Lisa preserved and was very patient with me. This only got resolved this year. When she advised me that she was leaving her old firm, I insisted that she remain my lawyer, as I had the utmost faith in her. Hence I moved over to HHG. Lisa took no shortcuts in my defence and continued to preserve for the toxicology report that ultimately saved me. She kept me up-to-date with the progress and provided support. Having someone as understanding as Lisa was a huge gift, to me and my family. You have gained a huge asset in Lisa joining your firm.
Thank you, Lisa, forever grateful for your work, and if ever needed, I will be sure to refer to you"
"We can highly recommend HHG Legal Group and particularly Mr Blair Campbell (Special Counsel / Dispute Resolution)
Blair worked with us as we navigated a very difficult third party dispute.
Blair’s expertise, wisdom, and the way he guided us in a very measured and calm manner gave us great encouragement and comfort. Blair helped us to focus on what we needed to and to trust the process.
Blair was always responsive to us, he always got back to us very promptly to answer our questions and to help us to step through some really hard days.
We are very grateful for Blair’s expertise and wisdom along with his empathy and care, this truly made the difference for us."
Wayne and Janice Belcher
HOW CAN WE ASSIST?
We understand that employment-related disputes can cause significant loss to a business and an individual, if not handled correctly.