Worker’s dismissal for protesting against vaccine mandates deemed lawful by Fair Work Commission

In a recent Fair Work Commission (FWC) decision, FWC has upheld a company’s decision to immediately terminate a construction industry worker after he attended a protest outside the Construction in Melbourne.
The FWC found that the protest was unlawful because it contravened government ‘stay-at-home’ directions which were in place at the time. The employer was ‘wrong to say that he was within his rights to attend the protest’ because he had so such right. Since the protest related to the working conditions of the employee’s industry, the FWC held that it was ‘work related’.
FWC also found that summary dismissal was harsh and the employee was awarded compensation on notice.

Key Takeaways

Breaches of government directions such as stay-at-home orders or public health orders can constitute valid reasons for dismissal.