The Fair Work Commission recently handed down a disturbing decision in an unfair dismissal case.
The case involved Ms Bou-Jamie Barber, an early childhood educator in Queensland who was dismissed by Goodstart Early Learning (Goodstart) for failing to comply with the organisation’s new mandatory influenza vaccination policy, which only provided for an exemption in circumstances where it would be unsafe for the employee to receive the vaccination (medical contraindication).
Goodstart determined that Ms Barber’s medical certificates were insufficient to show that vaccination would be unsafe for her, and dismissed her on 13 August 2020.
Ms Barber had been employed by Goodstart since 2006, no less than 14 years. At least 16 employees were dismissed as a result of the policy, and a further 7 resigned (paragraph 213 of decision).