Worker said his employer threatened to dismiss him if he did not comply
The Fair Work Commission (FWC) has recently ruled over a worker’s unfair dismissal claim against an employer who allegedly “coerced” him to get the COVID-19 vaccine.
The dispute arose due to the worker’s claim that his employer is “using coercion to make him undergo a medical procedure against his will” and “using the threat of ending his employment to get compliance". The employer belongs to a group of industries and occupations which stipulates workers must be fully vaccinated to attend work.
The worker brought the dispute under the Vehicle Repair, Service and Retail Award 2020 and argued about protecting his private medical information, the right to a safe workplace and consultation relating to changes in the workplace or the conditions of his employment.
The employer stated that the worker is “required to be vaccinated to continue with his current role,” following a direction from the Western Australian government.
The WA direction prohibits resource industry workers from entering a rural or remote resources industry site or a remote operating centre if they have not been partially vaccinated against COVID-19 on and from 1 January 2022. The direction also requires said workers to provide evidence of their vaccination status.
Both parties agreed that the direction applied to the worker but the latter said a clause in the said Award relating to “consultation about major workplace change” should have been upheld.
The FWC ruled that the vaccine requirement at the workplace is “not a definite decision by the [employer] to make a change” but the employer “merely seeking to comply with its obligations under the Western Australian Government’s public health direction.”
Thus, the FWC said that the clause relating to consultation under the Award did not apply nor was his application under National Employment Standards. The FWC then dismissed the application.
The decision was handed down on 13 December 2021.
