In what could prove to be a landmark case, an aged care worker who was placed on unpaid leave for refusing an influenza vaccine was given approval by the Fair Work Commission to file an unfair dismissal claim.
Commissioner Jennifer Hunt said the 64-year-old home care worker had essentially been terminated.
As we reported here, the long-term OzCare employee refused the vaccine after claiming the last time she was vaccinated as a child she had anaphylaxis and could have died.
The Not For Profit organisation questioned her lack of medical evidence and said that it could not roster her for work because she created a significant risk to its clients.
The home care worker is yet to provide medical evidence for the claim, the Human Resources Director reported.
The Fair Work Commission’s decision comes at a time when many aged care providers are considering whether to make COVID-19 vaccines mandatory or not.
A spokeswoman from Ozcare said the Not For Profit can’t comment while legal proceedings continue.
The hearing date is yet to be determined.