Landmark human rights case over claim Tweed teen Georgia Smith was sacked for getting Covid jab

The father of a Tweed teen who was allegedly sacked for getting the Covid jab is pursuing legal action with the Australian Human Rights Commission against her former employer.

THE father of a Tweed teenager who was allegedly sacked for getting the Covid jab has confirmed they are pursuing legal action against her former employer.

A legal expert said the outcome of the case could have far-reaching implications for the working rights of vaccinated people.

Last month, businessman Michael Smith alleged his 16-year-old daughter Georgia Smith was dismissed from her casual job at Ned Kelly’s Pizza after getting the vaccine.

On Wednesday, Mr Smith said they had engaged law firm Maurice Blackburn Lawyers to represent Georgia in a complaint with the Australian Human Rights Commission.

The action was taken to “stick up for Georgia and her entitlements under the premise that she was discriminated against for having the (Covid) vaccine”, he said.

Georgia Smith, 16, was allegedly dismissed from her job. Supplied: Facebook

Bond University assistant professor of law Alice Taylor said Ms Smith’s legal team would need to argue the case as one of “disability discrimination”.

“It would be a really interesting and potentially a landmark decision,” Dr Taylor said.

“All discrimination claims are difficult for complainants to prove.

“(Ms Smith) will have to show it was because of the Covid vaccine she was fired.

“If the (pizza shop) owner can demonstrate there were other reasons she was let go, it won’t be successful.

“We will have to see how this case or other cases go to find out what people’s working rights are in terms of vaccinations.”

Respected criminal lawyer Bill Potts said the case should not serve as a “means of making people vaccine hesitant”.

“Rather, (it is) a case which involves differences of opinion, which however strongly felt, should not result in the loss of a person’s employment,” he said.

“This is an area I suspect will become increasingly fraught legally and I expect that the courts will look very carefully at discrimination and exclusion of any kind, particularly as it relates to vaccinations.”

Bill Potts. Picture: Nick C / Event Photos Australia

Last month, Ned Kelly’s issued a lengthy statement on its Facebook page saying it “did not sack Ms Georgia Smith”.

In the statement, Ned Kelly’s said the lockdown had greatly impacted turnover, and rosters and business operations were being reviewed on a daily basis as a result.

“We did ask (Georgia) not to work one shift on the Wednesday 1st of September,” it read.

“(Her father) wouldn’t listen to our reasons at all.

“We sent him a 14-point text to his phone number and explained our concerns about our business suffering financially including that takings had halved, lockdowns were continuing, we had to face reducing staff and we were reviewing our financial situation.”

The business welcomed any official investigation to present its position.

Mr Smith alleged that staff were asked in August about whether they had the Covid-19 vaccine.

He said Georgia sent a screenshot of her immunisation record to the store after she had her first dose.

Georgia Smith, 16, with her father Michael Smith. Picture: Facebook

Mr Smith said his daughter was then asked when she was working next.

“They rang Georgia shortly after and advised her because she had the vaccine, they couldn’t allow her to come into the workplace anymore,” he told the Bulletin last month.

“It was their belief the vaccine puts out too many spike proteins and as such this could cause sickness and illness to her employers and their customers.”

Mr Smith said he called the shop a few days later asking for an apology and for Georgia to return to work.

“I was happy for them to apologise and move on,” he said.

“They refused and said they had their rights not to have her back in the workplace.”

The Bulletin has contacted Ned Kelly’s Pizza for comment.

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Originally published as Landmark human rights case over claim Tweed teen Georgia Smith was sacked for getting Covid jab