Teacher Samara Abrego has case thrown out after claiming discrimination by Education Department

A schoolteacher who was terminated for refusing the Covid-19 vaccination claimed she was discriminated against because of a disability, specifically, “possible future sickness”.

An unvaccinated schoolteacher who took the Department of Education to court after she was terminated, claiming she was discriminated against for a “presumed disability”, has had her case thrown out.

Samara Abrego had been employed as a teacher for several years but casually for only 10 months when she was fired on November 17 last year for failing to comply with the Public Health Order.

The PHO required all NSW public school staff to be vaccinated against Covid-19 unless they were medically exempt.

“Ms Abrego’s employment was terminated with notice because her vaccination status meant she was not able to lawfully perform the inherent requirements of her position as a teacher because she failed to comply with (the department’s) directive and the PHO,” Civil and Administrative Tribunal member Craig Mulvey said in his decision.

“She was given four weeks’ payment in lieu of notice.”

Anti-vaxxers at a rally in Hyde Park in January. Picture: David Swift

It was then Ms Abrego filed a discrimination complaint against the Department of Education Secretary with the Equal Opportunity board.

“She submits that she has been terminated from her employment because of a presumed disability, namely, possible future sickness from an infectious disease, Covid-19,” Mr Mulvey said.

“Her application seeks that the respondent desist in their action and provide a written apology concerning her termination and treatment.

“In oral submissions, Ms Abrego contends that the requirement that she provide evidence of being vaccinated is discriminatory on the basis of disability in employment.”

Ms Abrego, who represented herself during the hearing, said the department presumed she had a disability because she might fall ill if she contracted Covid.

But Mr Mulvey said her claim was “lacking in substance”.

An anti-vax teacher has had her discrimination case against the Department of Education thrown out.

“I do not accept that this amounts to a disability … as both vaccinated and non-vaccinated people can contract Covid-19,” he said in documents.

“Ms Abrego contends that she has been discriminated against on the basis that the respondent is concerned of a risk that Ms Abrego may become sick in the future from Covid-19.

“The argument in my view is untenable. Ms Abrego is not being treated in any way differently to other employees who do not have a disability.”

Mr Mulvey ultimately deemed the department’s decision to terminate Ms Abrego “fair” and refused leave for the complaint to proceed.

Figures from the department revealed 311 public school staff, including 209 permanent teachers, had been dismissed since November for not complying with the PHO.

It comes amid claims from the union of a teacher shortage “crisis”.