Worker says she was fired over COVID-19 vaccination
The Fair Work Commission (FWC) recently dealt with a case involving an employee who claimed she was unfairly dismissed by her employer for receiving a COVID-19 vaccination.
The decision sheds light on the complexities of balancing an employer's beliefs and policies with an employee's personal choices and public health recommendations.
Lainie Chait was employed by the Church of Ubuntu from October 6, 2020 until her dismissal on October 11, 2021. Her duties involved selling cannabis products for medicinal purposes and conducting consultation appointments with clients.
The worker contended that she was dismissed solely because she received a COVID-19 vaccination, which the church asserted was contrary to its constitution and beliefs.
‘Reasonable basis’ for termination?
According to records, the worker submitted that her dismissal was unfair, as the church's opposition to COVID-19 vaccination was not a reasonable basis for termination.
She argued that it was "extraordinary that an employer could punish an employee for following a public policy which was followed by all public health authorities and reflected in the public health orders."
The worker also noted that the church's constitution did not mention vaccination and that the basis for its religious opposition to vaccination had not been clearly articulated to her prior to her dismissal.
Meanwhile, the church indicated that the worker's dismissal was based on its views about following "good scripture" and a belief that vaccination is contrary to God's teachings and is "evil and demonic in its construct."
However, the FWC found that the church's constitution made no mention of its opposition to vaccination and that members of the church had received vaccinations other than for COVID-19.
Was it unfair dismissal?
The FWC determined that the worker's dismissal was unfair, as it was harsh due to its economic consequences for the worker, unjust because the worker was not guilty of deliberately flouting the church's rules, and unreasonable because it had no reasonable basis to find that the worker had been deceptive or dishonest about receiving a COVID-19 vaccination.
The FWC concluded that the worker "had no warning of the church's adoption of a view that no one vaccinated against COVID-19 could work for it and that this prohibition would be applied retrospectively."
While acknowledging the challenges faced by employers during the pandemic, the FWC found that the church's management of this issue, in relation to the termination of the worker's employment, was unfair. It then ordered the employer to pay compensation.
