COVID 19 Unfair dismissal claim
What happens when an employee claims unfair dismissal due to a failure to adhere to legitimate policy.
Skildare had supported Client E in the development, consultation and implementation of a COVID-19 Policy in line with a Public Health Order (PHO) which mandated vaccination for all employees in their industry. Prior to the dismissal, Skildare worked closely with senior management to thoroughly and reasonably consult with the employee on the PHO requirements and inform the individual of the potential impact to their position should they refuse to meet the mandatory obligations. The process included robust consultation, a thorough workplace risk assessment and an internal review of the operational requirements to ensure a procedurally fair approach was undertaken to mitigate the risk of a potential claim by the employee.
Despite these measures, Client E were notified by the Fair Work Commission that the former employee had lodged an unfair dismissal claim against them.
How did Skildare
support client E?
Upon receipt of the application, Skildare supported Client E to provide their written submission to the Fair Work Commission. This application, combined with the client’s attendance at conciliation resulted in a successful defence of the unfair dismissal claim. Client E simultaneously refuted the merits of the unfair dismissal and an argument for a jurisdictional objection that saw the application dismissed by the Fair Work Commission.
The application was dismissed by the Fair Work Commission.