Former University of Tasmania employee mounts case after being dismissed over Covid vaccine

A former University of Tasmania employee says he should not have been dismissed for failing to get his Covid vaccination. RESULT OF HIS FIGHT>>>

A FORMER University of Tasmania research fellow has taken legal action after he was fired for failing to get his Covid vaccination.

The employee lodged a dispute with the Fair Work Commission in March this year, seeking an order that he be reinstated in his job.

The university, in terminating the employee, said because he was “insufficiently vaccinated”, he was unable to perform the inherent requirements of his role, which included lab work, by attending the university’s premises to help prepare equipment.

In the letter of termination, the university advised the employee – who was based in NSW at the time – that it could not accommodate his proposal for “alternative working arrangements”.

“The university acknowledges that you have been able to work from home in the past, however this is not a sustainable arrangement. A colleague has increased his working hours to accommodate your absence,” the letter read.

University of Tasmania.

“Whilst you can undertake some duties from home, there is an element of double-handling, equipment is not being prepared as it should be, and this places a strain on other employees and ultimately a physical presence on campus is required.”

In his recently-published decision, Commissioner Tim Lee dismissed the case on the grounds the Fair Work Commission did not have the authority to deal with the dispute.

The University of Tasmania introduced a Covid vaccine mandate in January this year, which stipulated anyone coming onto its campuses needed to be vaccinated or have a valid exemption.

Under the university’s safety procedures, its employees can only be granted a vaccination exemption on medical grounds, religious belief or the inability to obtain a vaccination appointment.

A number of cases have made their way through various tribunals and courts since similar mandates have been introduced across Tasmania, including employees dismissed by the Department of Health and Coles supermarkets.

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