ARTICLE · 03 MAY 2021

No jab, no work – Valid employee dismissal for refusing the flu vaccine

People + Culture Strategies

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This decision provides further guidance for employers who are considering mandatory COVID-19 vaccines for their employees.

AustraliaEmployment and HR

Andrew Jose

The Fair Work Commission ("FWC") has found that an employee who was terminated from her employment for refusing the flu vaccine, was not unfairly dismissed.

Although expressly not providing a blanket authority for employers to mandate vaccinations generally, the decision provides employers with additional clarity around the validity of directions made to employees regarding compulsory vaccinations. While the FWC went to unusual efforts to emphasise that the decision relates to the flu vaccine in respect of a particular industry and set of circumstances, the decision provides further guidance for employers who are considering directing their employees to receive the COVID-19 vaccine.

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