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Worker sacked for getting COVID jab cleared to claim unfair dismissal

A worker can pursue her claim that she was unfairly sacked for receiving a COVID-19 vaccination, after the Fair Work Commission found she was an employee, not an independent contractor.

The worker alleged she was dismissed by the Church of Ubuntu in October last year, but the Church objected on the basis she was engaged as a contractor by a separate entity, the Ubuntu Wellness Clinic.

Before FWC Deputy President Ingrid Asbury, the worker claimed she had no discretion as to how she performed her role, which involved contacting clients to discuss their health and taking and dispatching cannabis orders.

She said she worked an average of six hours a day, three-to-four days per week, and was paid $220 "untaxed, no super, no holiday pays or sick days"...

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