Mandatory vaccinations – A Goodstart for employer guidance

Who should read this

All employers, human resource managers and in-house lawyers who manage employees.

Summary

Two recent decisions of the Fair Work Commission (FWC) have held that:

• an employer was justified in dismissing an employee working in the childcare industry after she refused a "lawful and reasonable direction" to receive a flu vaccination; and
• an aged care employer's dismissal of a receptionist who refused the flu vaccination was not unfair as the employee was unable to perform the inherent requirements of her job if she could not be permitted to enter the aged care facility.

While the decisions do not directly involve COVID-19 vaccinations (as discussed in our Vaccinations and the workplace article), the decisions provide further guidance to employers on when they can require employees to be vaccinated.