The case of Jennifer Kimber v. Sapphire Coast Community Aged Care Ltd started in July 2020 and was finally resolved in September 2021. Although the case was related to the flu vaccine, the decision handed down is that:
- Vaccinations should be voluntary
- Mandatory vaccination cannot be justified
Key excerpts from the decision:
[107] The Fair Work Ombudsman has publicly stated that employers will need to have a “compelling reason” before requiring vaccinations, and that “the overwhelming majority of employers should assume that they can’t require their employees to be vaccinated against coronavirus”. (emphasis added)
[108] Safe Work Australia has publicly stated that “most employers will not need to make vaccinations mandatory to meet their [health and safety] obligations”. (emphasis added)
View decision on FWC website: https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb6015.htm
View pdf version of decision: [2021] FWCFB 6015 FAIR WORK COMMISSION
