The Public Service Appeal Board dismissed the appeals of two Communications Technicians, dismissed from the WA Police Force for failing to comply with a COVID-19 vaccination direction.

Both employees accepted that the relevant vaccination direction was lawful and reasonable and their failure to comply with it was a breach of discipline. However, both said that their circumstances were “unique” because of their particular medical histories and that the employer’s failure to give sufficient weight to their medical histories meant that the decision to dismiss them was harsh.

The employees relayed their worries about the possible adverse and serious side effects of the approved COVID-19 vaccinations to the Appeal Board. The Appeal Board stated that there was no doubt the employees were genuinely worried about adverse side effects. However, for those worries to have lessened the seriousness of their conduct, they must show that their beliefs and concerns were objectively reasonable.

The Appeal Board was not persuaded that the employees’ reasons for not complying with the direction were reasonable. In one case, the employee did not seek out medical advice from his own treating medical practitioners about whether he should be vaccinated, or which vaccination was best for him. The other employee was strongly advised by his specialist to get vaccinated. Neither produced any evidence that their medical conditions placed them at higher risk of adverse side effects from the available vaccines.

The Appeal Board concluded that the employees’ reasons for not following the vaccination direction were not unique. Their reasons were simply ideological beliefs that meant they were opposed to being vaccinated with the approved COVID-19 vaccines.

The decision can be read here.