The applicant, a Level 4 Senior Community Engagement Officer (SCEO) with the Registry of Births, Deaths and Marriages, Department of Justice, was dismissed for non-compliance with a vaccination order issued by the Director General. This order stemmed from a 2021 restructure, which incorporated travel expectations linked to Chief Health Officer (CHO) Directions related to COVID-19 vaccination. The applicant contended that her role did not inherently involve travel to remote communities, and the Employer Direction was not applicable.

The Public Service Appeal Board dismissed the application, stating that the Employer Direction was lawful, fell within the employment contract’s scope, and was reasonable. The Board emphasised that the applicant’s role necessitated attendance at schools and hospitals, requiring compliance with CHO Directions related to vaccination. Non-compliance constituted a breach of discipline. The dismissal was deemed fair, considering the significance of travel in her role, her inability to perform duties due to non-compliance, and the absence of evidence indicating unfair treatment compared to other government employees.

Despite acknowledging the impact of dismissal on the applicant, the Board concluded that the decision was not harsh, oppressive, or unjust. The findings reinforced the legality and reasonableness of the Employer Direction, aligning it with the duties outlined in the employment contract and CHO Directions. The applicant’s refusal to comply with vaccination requirements, essential for fulfilling her responsibilities, justified the disciplinary action taken by the Director General.

The decision can be read here.