Was there a breach of contract when the vaccination policy was introduced? ERA decides
A chef employed from May 2019 until October 2021 raised concerns about a proposed COVID-19 vaccination policy and issued a section 83 notice under the Health and Safety at Work Act, refusing to work until perceived risks were mitigated.
The worker wanted testing carried out on work surfaces to establish whether COVID-19 was present in the workplace, but despite discussion and reassurance from the employer, she did not return to work.
The employer commenced a disciplinary process concerning the worker's refusal to return to work and determined she had abandoned her employment, deeming her to have resigned effective October 2021.
The worker lodged a statement of problem nearly three years later, claiming she was employed until November 2021 and that the employer breached health and safety obligations by introducing a vaccination policy requiring her to be vaccinated against COVID-19.
The employment relationship problem articulated in the statement of the problem had two parts.
First, a claim that the worker was employed until November 2021, not October 2021 as the employer determined. Second, a claim that the employer breached the obligations it owed to the worker to protect her health and safety, with the breaches arising from the introduction of a vaccination policy requiring the worker to be vaccinated against COVID-19.
For the first limb, the employment...
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