Wellness clinic who sacked woman over Covid-19 jab suffers major legal blow

A spiritual wellness centre and “church” being sued for sacking a woman over a Covid-19 vaccine has been dealt a major blow.

An Australian wellness centre and “church” that sacked a woman for getting a Covid-19 jab has been dealt a blow by the Fair Work Commission (FWC) after she sued them for unfair dismissal.

Byron Bay woman Lainie Chaint claimed she was fired from the Church of Ubuntu (COU) in October 2021 for getting vaccinated against coronavirus – something the centre said was “contrary to God’s teachings”.

The Newcastle-based religious organisation and wellness clinic maintains that receiving the jab consciously is “in contradiction” with its constitution, according to a letter Ms Chaint received upon her dismissal.

It blamed “external contract frustration” as a result of an “enforced medical apartheid” by the NSW state government.

The Newcastle-based Church of Ubuntu is being sued by a former employee after she was dismissed for getting a Covid-19 vaccine (pictured). Picture: NCA NewsWire / David Geraghty

“The Church Of Ubuntu has taken a position that no committee members or full members can be accepted if they consciously chose to and then complete injections, with any of the current or future planned injections purported to protect from the Covid-19/Sars Cov 2 virus,” the letter states.

“As a consequence Lainie can no longer be a full member of the COU.

“She can however in keeping with the Ubuntu philosophy still remain as an associate member if she chooses.”

The COU argued that Ms Chaint – who worked for them as a client care consultant – was not a church employee and was instead engaged as an “independent contractor” for their associated clinic, The Ubuntu Wellness Clinic.

It also said Ms Chaint had refused “alternative subcontracting arrangements” when they were offered.

But the commission in November last year found that she was an employee at the time she was dismissed, noting Ms Chaint was paid a wage by the organisation, provided with meal breaks and worked with a team.

A further hearing on whether Ms Chaint’s dismissal was unfair and whether there were valid reasons for it was also ordered and is yet to take place.

The Church of Ubuntu wellness business in Newcastle.

The COU appealed that decision, arguing there were errors in the conclusion and jurisdiction of the FWC’s decision.

They claimed errors of law had been made about identifying the respondent as the Church of Ubuntu and how the FWC “cannot dictate a church on its canons and beliefs”.

The COU also said the decision “flies in the face of the facts”.

In their decision, published on Monday, the FWC rejected the COU’s appeal, ruling it had not identified any errors in the initial decision made by deputy president Ingrid Asbury in Brisbane.

“Rather than establishing error in the decision and/or reasons for decision … the appellant simply urges a different result based on extremely limited facts and assertions while disregarding the deputy president’s detailed and correct analysis of the relevant relationship and employer,” the FWC judgment reads.

“The deputy president followed the correct principles and the decision was entirely unremarkable in the factual circumstances existing.”

According to its website, the COU’s wellness clinic focuses on healing through “plant-based medicines and phyto-nutrients”, working with various doctors, clinics and practitioners.

It sells a range of alternative medicines, including a range of hemp seed and oil products.

Its constitution states the COU is a “non-dualistic multi-faith philosophy and way of life” based on the Zulu word “Ubuntu” – meaning “humanity” or “I am because we are”.

Originally published as Wellness clinic who sacked woman over Covid-19 jab suffers major legal blow