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Absence of reasoning renders vax-exemption rejection unfair

In a case that highlights the importance of providing clear reasoning when refusing a vaccination-exemption request, a commission has found an employer's decision was unfair and unreasonable.

In September last year, after Queensland Health directed certain staff to receive a COVID-19 vaccination, a hospital medical assistant applied for an exemption on the basis of a genuinely held religious belief and other exceptional circumstances.

His application included a statutory declaration about his opposition to the vaccines on the basis of his orthodox Christian beliefs, along with two letters from a legal representative outlining health and other concerns. The employer refused his application in the first instance and again on review, and he appealed to the Queensland Industrial Relations Commission...

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