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Employees lose vaccine mandate challenge; employers "simply must comply"
The Fair Work Commission has declined to block five employers from disciplining employees who refuse to get the COVID-19 vaccination, after finding they could suffer "irrecoverable" financial detriment by retaining them.
The Victorian employees, who work for five different healthcare providers, applied to the Commission to deal with disputes under their respective enterprise agreements.
The Commission heard that in late September, the Victorian Chief Health Officer issued directions requiring healthcare operators to take all reasonable steps to ensure that on or after 15 October, unvaccinated workers don't enter or remain on their premises, unless they are an 'excepted person'.
As a result, the employers directed their workforces to be fully vaccinated within timeframes that complied with the CHO's directions, and began disciplinary action against those who refused.
The employees, none of whom claimed to be an 'excepted person', subsequently sought interim orders preventing their dismissals, pending the resolution of their disputes...
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