A tale of two vaccination policies

Two recent unfair dismissal decisions by the Fair Work Commission highlight the key factors for employers who are considering dismissing an employee for not complying with a vaccination policy. One dismissal was upheld, and one dismissal was found to be harsh and unreasonable. What were the key differences in their approaches?

Two organisations, both based in South Australia, took steps to implement COVID-19 vaccination policies in late 2021, following the opening of interstate borders and the inevitable increase in cases. The dismissed employees had been with both employers for either 15 or 16 years, and had accumulated considerable amounts of leave. However, the employers approached the implementation of the policies, and dismissal of the non-compliant employees very differently. One employer's dismissals were upheld, while the other's was considered harsh and unreasonable.