ARTICLE · 14 JUNE 2021

Legal Alert: Refusing a flu vaccination found to be a valid reason for dismissal

Harmers Workplace Lawyers

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Flu vaccinations in the workplace can result in increased productivity, and reduced absenteeism among childcare workers.

AustraliaEmployment and HR

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With the cooler months approaching, employers are left to consider what are the best measures to adopt to prevent their workers from becoming sick. One such measure is for employees to receive a flu vaccination. Flu vaccinations in the workplace can result in increased productivity, and reduced absenteeism among workers. However, vaccinations are a physically invasive procedure and some employees may refuse a vaccination for personal reasons.

An unfair dismissal case handed down recently, Ms Bou-Jamie Barber v Goodstart Early Learning [2021] FWC 2156 (Barber Case), considered whether a childcare worker refused a lawful and reasonable direction from her employer, Goodstart, when she declined a mandatory flu vaccination.

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