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 medical centre.
