Mandatory workplace vaccination: Some recent COVID-19 vaccination cases

Four recent Fair Work Commission unfair dismissal cases provide insights into the legal position relating to mandatory COVID-19 vaccination in the workplace. In short, in each of the four cases the Commission upheld the right of the employer to mandate COVID-19 vaccination and terminate the employment of employees who either fail to get vaccinated or do not have an applicable medical exemption (supported by evidence).

Mr Ross Barry Edwards v Regal Cream Products Pty Ltd [2022] FWC 257

The applicant was employed by Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods (Bulla), as a Mixed Plant Operator. He was employed by Bulla for 17 years. His employment was terminated because he had chosen not to be vaccinated against COVID-19 which was a requirement under Victorian Government public health directions. The employee brought unfair dismissal proceedings in relation to the termination of his employment.