Bou-Jamie Barber claimed she had been unfairly fired when she was sacked from the childcare chain in August last year after she refused to get a flu vaccination.
Fair Work Commission deputy president Nicholas Lake dismissed Ms Barber’s case,finding that despite her claim to have suffered migraines after a previous flu shot and have a “sensitive” immune system,medical evidence did not show she had a valid exemption.
Industrial law allows employers to issue lawful and reasonable directions to staff,including on issues such as a vaccine. This has been a hot topic among businesses,which areuncertain whether it is “lawful and reasonable” to compel their employees to get the COVID-19 vaccine.
Loading
Barrister Ian Neil SC,a labour law expert who was not involved in the Barber case,said it was the first considered decision on the subject and suggested employers with vulnerable workforces could mandate a coronavirus vaccine.
Deputy president Lake found it was reasonable to require childcare staff to have a vaccine because of children’s risk of influenza,close contact,and the inability of some to have a vaccine because of their age.
Mr Neil said it “is difficult to see why the same reasoning wouldn’t apply to COVID vaccinations”,adding it would extend beyond childcare to other industries such as aged care.