'Vaccination is my choice and is not mandated legally,' the employee said in an e-mail
The Fair Work Commission (FWC) has recently dismissed an employer’s costs application against its employee who filed an unfair dismissal case over its mandatory vaccination policy.
In August, the employee filed an unfair dismissal application but discontinued it in October. In the same month, the employer applied for costs, alleging that the unfair dismissal case was “made vexatiously or without reasonable cause.”
The employee was a marketing community advisor. In May, the employer’s parent company implemented a policy requiring all staff “to register to receive a COVID-19 vaccine when they were eligible to do so.” At that time, the business premises were in an area with high COVID-19 infections and under lockdown restrictions.
By August, the employee had not registered for vaccination. She said that she “attempted to register for a vaccine but was advised that she was not eligible.” She alleged that she was warned that “if she had not registered for vaccination by the end of the day, her employment would be terminated.” She also said that an officer of her employer told her later that day that she was “dismissed without pay” and to “leave the office and not come back until she had ‘sorted out’ her vaccine.”
The employee then lodged an unfair dismissal application. She argued that she signed the vaccination policy, showing her agreement. She also provided evidence of her unsuccessful...
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