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ARTICLE · 29 APRIL 2021

COVID-19 temperature checking system and dismissal upheld

Gilchrist Connell
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The decision illustrates how seriously the Commission views departures from safety standards, especially in a pandemic.

AustraliaEmployment and HR
Mark Curran
Mark Curran
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The Fair Work Commission has found an employer had a valid reason to terminate the employment of an employee who failed to report recording a temperature of 38.5 degrees on their arrival at work, contrary to a temperature check procedure ( Yordanos Fesshatsyen v Mambourin Enterprises Ltd [2021] FWC 1244).

Background

Miss Fesshatsyen was employed as a casual disability support worker.

On 10 June 2020, she arrived at work and undertook a temperature check. The temperature check procedure was introduced by the employer to guide temperature monitoring at its sites in the wake of COVID-19, so as to prevent its spread. It relevantly included an instruction to employees to self-report any temperate reading in excess of 38 degrees (self-report requirement).

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