Mandatory Vaccination Unfair Dismissal Claims Shot Down by Australia’s Fair Work Commission

    View Author May 2021

    Key Takeaways

    • In significant decisions handed down last month, the Australian Fair Work Commission (FWC) found it was reasonable for two employers, one operating in the
      childcare industry and one in the aged care industry, to implement mandatory flu vaccination policies.
    • The FWC threw out the unfair dismissal applications of two employees who were sacked for refusing to receive a flu vaccine.
    • Whether an employer can require employees to be vaccinated will depend on the circumstances, including whether mandatory vaccinations are necessary to ensure health and safety in the workplace.