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Medical condition exempted employee from vaccination, but dismissal was fair

An employee's medical exemption from receiving a flu vaccination did not mitigate the risks she posed to other workers and vulnerable clients, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.

In April 2020, in light of the COVID-19 outbreak, Ozcare informed employees that it was mandating influenza vaccinations for residential aged care and community care workers.

A community health program clinical nurse subsequently produced a medical certificate that said she had a history of Guillain-Barre syndrome, and that it would be "detrimental" for her to have the vaccine.

The employer's group people manager informed her that if she couldn't comply with the mandate, then she wouldn't be rostered to work or permitted to enter Ozcare's premises from 1 May...

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