Mandatory vaccination updates
Two recent decisions handed down by the Fair Work Commission (FWC) restated that employees must comply with mandatory vaccination requirements where they need to be onsite to undertake their employment duties.
Floors Aucamp v Association for Christian Senior Citizens Homes Inc. [2021] FWC 6669
The Applicant, Mr Aucamp, worked as a Maintenance Manager at a retirement village managed by the Respondent. He brought an unfair dismissal application after being stood down in October 2021 following his failure to comply with the COVID-19 Mandatory Vaccination (Workers) Directions (Directions). The FWC rejected his claim, stating Mr Aucamp’s dismissal was neither harsh, nor unjust or unreasonable. Mr Aucamp could not have lawfully performed his responsibilities following the commencement of the Directions.
Isabella Stevens v Epworth Foundation [2022] FWC 593
The Applicant, Ms Stevens, was employed as a dietician for the Epworth Foundation, the Respondent. The Respondent dismissed her on 3 December 2021 for her failure to comply with the Directions, to which Ms Stevens filed an unfair dismissal claim. The FWC rejected her application per the lack of procedural issues in Ms Stevens’ dismissal, recognising that her unvaccinated status rendered her unable to fulfil her responsibilities under the Directions.
