The appellant, employed as a Level 5 Senior Field Worker in the Wheatbelt Region by the respondent, faced dismissal due to non-compliance with COVID-19 vaccination directives. The Chief Health Officer's Health Worker Directions and the subsequent Community Care Services Worker (Restrictions on Access) Direction mandated that the appellant disclose his vaccination status or provide exemption evidence. Failure to comply led to the appellant’s placement on a "no work, no pay" arrangement, culminating in a disciplinary process and dismissal.

The appellant sought compensation equivalent to salary and entitlements, challenging the applicability of the 'no work, no pay' principle to public service officers. The respondent countered, citing its relevance and the Public Service Appeal Board’s purported lack of power to grant the requested orders. The Appeal Board, after considering provisions in the Public Sector Management Act 1994 (WA), awards, and agreements, concluded that the appellant, unable to lawfully perform full duties during the specified period, lacked an entitlement to payment. Additionally, the appellant’s argument against the 'no work, no pay' principle was not compelling, resulting in the Appeal Board quashing the dismissal decision without granting further compensation orders.

The decision can be read here.