In October 2021, a church wellness clinic terminated an employee immediately after they received the COVID-19 vaccination. The employee then lodged an unfair dismissal claim with the Fair Work Commission, seeking compensation for three months’ wages, superannuation, and other entitlements.
Why the Employer Dismissed the Employee
After receiving the vaccination, the employee received a termination letter. The employer explained that the employee’s deliberate decision to get vaccinated conflicted with the church’s principles. The letter also stated that no committee member or employee could continue working if they chose to receive the initial or ongoing booster vaccinations.
Code of Conduct and Employer Freedoms
This case raises questions about whether employers can dismiss staff for breaching company code of conduct, especially when tied to religious constitutions. Typically, employers issue warnings or follow a “three-strike rule” before terminating employment. In this instance, the employer acted immediately and failed to inform the employee beforehand that vaccination violated company policy.
Employee vs Independent Contractor Classification
The outcome of the claim depends on whether the individual is classified as an employee or an independent contractor. Employees are eligible to claim unfair dismissal, while contractors are not.
Fair Work will assess the nature of the work relationship, considering:
- Who delegates tasks and oversees performance
- Whether the individual works for one or multiple businesses
- If services are advertised independently
- Use or provision of a uniform
- Method of payment and other criteria
Learn more in our National Employment Standards Guide.
Broader Implications for Workplace Policy
The employer’s decision challenges government and business directives mandating vaccination across Australia. This raises a critical question: can employers dismiss staff based on vaccination status or broader company policy?
Fair Work Ombudsman – COVID-19 and Workplace Rights (fairwork.gov.au in Bing) (bing.com in Bing)
Assurance HR Support
If your business faces similar challenges, Assurance HR can help. Our consultants provide expert guidance on:
- COVID-19 workplace policy
- Employee management and classification
- HR and WHS compliance
📞 Call us today on 1800 577 515 for tailored support.
