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"Smokescreen" consultation was not pre-determined dismissal

An employee has failed to prove discussions about his vaccination status were a "smokescreen" for a pre-determined dismissal.

In October last year, the Northern Territory's Chief Health Officer issued Directions stating that customer-facing and onsite public sector employees – excluding those with a medical contraindication – must receive the first dose of a COVID-19 vaccination by 13 November 2021, and their second dose by 25 December, and that failing to comply would prohibit employees from attending the workplace.

Considering the directions applied to all Power and Water Corporation's (PWC) employees, the organisation's CEO suspended the employee after he failed to meet the November deadline.

On 6 December, the employee was dismissed after he remained unvaccinated, and PWC could not offer any alternative duties...

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