The COVID-19 pandemic has shaken up workplaces in many ways,
least of all by requiring employers to adopt new policies and
procedures to manage and minimise the risk of exposure and
infection.
Recently, the Fair Work Commission (the
Commission) took the failure of an employee to comply with
a procedure implemented by their employer in response to COVID-19
to be a valid reason for dismissal. In all the circumstances, the
failure of the employee was deemed a serious issue.
The Facts
In the matter of Fesshatsyen v Mambourin Enterprises Ltd
(2021) FWC 1244 (Fasshatsyen v Mambourin),
Miss Yordanos Feeshatsyen (the
Applicant) was a disability support worker for
Membourin Enterprises Ltd (the
Respondent). The employer had introduced a
procedure whereby employees had to measure their temperature upon
entering their workplace. Individuals who read over 38 degrees were
required to immediately isolate, notify a designated person, leave
the site, and go home or to a
