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Dismissing employee with "cogent" reason not to get vaxxed was unfair

No worker should be sacked for following their doctor's advice before having a COVID-19 vaccination, a Fair Work Commissioner has said in ordering an employee's reinstatement.

Following the Northern Territory Chief Health Officer's mandatory COVID-19 vaccination direction last year, the Department of Education's CEO informed all Government school staff that they needed to receive their first and second doses by 13 November and 24 December respectively, unless medically exempt, otherwise they would not be able to attend work.

The Commissioner for Public Employment required staff to register their vaccination status through its 'MyHR' system, and when the CEO was informed the employee had failed to do so by the required date, she directed her not to attend work.

The employee was subsequently invited to show cause as to why she shouldn't be dismissed for being unable to perform the inherent requirements of her role...

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