Justice has prevailed in part.
Two matters G&B Lawyers brought before the Fair Work Commission trying to undermine the mandatory requirement of the flu vaccination in specific settings (one in child care and the other in aged care) have been dismissed in a valuable precedent supporting the need to protect young children and elderly Australians from disease – in particular all mutations of influenza.
The two anti vaccine applicants – Bou-Jamie Barber and Jennifer Kimber – tried to claim their sacking from their respective jobs was unfair in the face of both of them refusing to get the flu vaccination when it was mandatory. Barber tried to claim an exemption based on a flimsily presented claim of a “sensitive immune system” and an unproven claim to a reaction to the flu vaccine in 2010. Kimber claimed a reaction to a 2016 flu shot that was not proven to be related. Basically in both cases they failed to prove there was an actual issue – therefore, their refusal of the mandatory vaccine was grounds for dismissal. The FWC supported these actions.
This boils back to G&B Lawyers just refusing to do their homework. When one has a reaction you do all in your power to ensure it’s cause is found and proven first. It’s another example of my previous blog entry here; “Once and for all – prove it!” Not only that, there was much made about a nurse who got the COVID-19 vaccine earlier this year and suffered an anaphylactic shock. She had a history of such a reaction to vaccines and yet she still went ahead with it and prepared for the contingency. She knew how important it was – and I doff my hat to her for being so gutsy. This is the sort of attitude others in her position should take. Be prepared for the worst, even if it’s highly unlikely at best and next to impossible at worst.
Bottom line – do NOT claim exemptions or otherwise without solid proof. Anti vax attitudes (which Barber was definitely guilty of) are not protected before the law. The FWC has set a marvelous precedent here and G&B Lawyers should get off that bandwagon and quick smart.