Unvaccinated Ulverstone ex-Coles employee to fight food giant over dismissal

A former Tasmanian Coles employee will fight the food giant after he stopped getting shifts when he failed to provide proof of his Covid vaccination. WHAT’S NEXT >>

AN ULVERSTONE Coles employee is fighting the food giant’s decision to fire him after he failed to provide evidence of his Covid-19 jab.

David Haywood, who worked as a part time customer service agent, says he was dismissed in February this year, in contravention of the Fair Work Act.

In its recently-published decision, the Fair Work Commission heard Coles introduced Covid vaccination requirements for its employees across Tasmania, unless they were medically exempt, by February 2022.

Mr Haywood received a text message that unless he’d received his first dose by the cut-off date, and be double-jabbed by March 31, he would be unable to work.

Commissioner Chris Platt noted arrangements were offered to allow employees who didn’t meet these requirements to access leave.

Mr Haywood’s Ulverstone store manager, Tayus Cook, said the employee hadn’t responded as to whether or not he wanted to access the leave.

Coles argued it had not actually dismissed Mr Haywood, but instead recorded his absence from work as leave without pay.

The company said Mr Haywood had complained of his treatment, and that the store manager had explained his employment had not been terminated.

But Commissioner Platt said Coles didn’t have a right under law to unilaterally place Mr Haywood on unpaid leave, finding that in fact he had been dismissed.

“In my view, by failing to offer the applicant shifts … the respondent brought the employment relationship to an end, despite not formally communicating the termination to the applicant,” he said.

The dismissal case itself will be heard at a future date.

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