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Worker constructively dismissed for failing to provide vaccination history

An employee had "legitimate privacy concerns" about her employer's vaccination history request and was unfairly sacked for resisting it, a commission has ruled in awarding her 14 weeks' compensation.

The NSW Police Force customer services representative resigned in October last year, while she was stood down without pay.

She subsequently claimed unfair dismissal, but the employer raised a jurisdictional objection, arguing she wasn't constructively dismissed.

The State Industrial Relations Commission heard that on 7 September, the employer required its workforce to have received two COVID vaccinations by the end of November.

That same day it also issued two documents to staff. The first directed them to provide a copy of their "immunisation history statement as recorded on the Australian Immunisation Register" or evidence of a medical contraindication, if required by their supervisor, noting that failing to do so could result in management action...

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