Sacked nurse in COVID-19 vaccine jab reject test case

The legality of an employer sacking a worker for refusing a vaccination is being tested in a dismissal case in Brisbane.

Most governments have ruled out mandating vaccinations themselves, leaving it to employers to implement their own ­policies.

The legality of an employer sacking a worker for refusing a vaccination is being tested in a dismissal case in Brisbane that could have wide-ranging implications for employees amid the rollout of the COVID-19 vaccine.

A former Ozcare nurse who worked for the company for a decade has taken the aged care provider to the Fair Work Commission after being sacked for refusing to receive a flu jab as part of the company’s reaction to the coronavirus pandemic.

Maria Glover, 64, says she had an anaphylactic reaction to a flu shot as a child in the Philippines and has not had a vaccination since.

The previous times she declined were accepted by Ozcare, but the company tightened its policy last year when authorities feared a combination of the virus and flu spreading to aged care patients would be fatal.

The case between self-represented Ms Glover and Ozcare is being closely watched by unions, industry groups and governments for the ramifications it could have regarding the rollout of the COVID-19 vaccine.

Queensland Premier Annastacia Palaszczuk has previously said the COVID-19 vaccine could be mandatory for high-risk industries such as aged care, but most governments have ruled out mandating vaccinations themselves, leaving it to employers to implement their own ­policies.

During a hearing in Brisbane on Monday, barrister Leigh Howard, representing Ozcare, said the compulsory vaccination directive had contributed to the number of flu-related deaths in aged care declining steadily in recent years and dropping sharply from 837 in the first six months of 2019 to 28 in the first half of 2020.

Mr Howard said the pandemic had alarmed clients and their families and about 2000 of the company’s 13000 clients who received at-home care had refused to allow carers into their homes because of fears they could infect them with COVID-19.

He said Ozcare had an obligation to prioritise the safety of its clients.

“Ms Glover was unwilling to get the vaccine as directed and it followed that she did not have the capacity to do the job,” Mr Howard said.

“We acted accordingly.”

Ms Glover, who denied a request from Ozcare for a doctor to assess her supposed allergy, is one of 35 Ozcare employees who refused the flu vaccine.

Fifteen of those workers relented and received the jab, six resigned and 10 were sacked.

Four employees, including Ms Glover, raised medical objections to the vaccination.

Ms Glover described her dismissal as “heartbreaking” and asked why she could not have been assigned a different role.

“I understand Ozcare has a duty of care for not only their clients but also for the employees,” Ms Glover said.

“They should have a system in place for those employees who were working there before the new mandate.”

Citing the “genuine public interest” in the case, Commissioner Jennifer Hunt said she would prioritise her decision on the case.

She is expected to make a finding sometime in April.