The appellant’s dismissal was upheld because the Board determined that the vaccination order was legal, reasonable, and necessary for her role.

The appellant, a Senior Community Engagement Officer (SCEO) in the Department of Justice, was dismissed for failing to comply with a vaccination order under Chief Health Officer (CHO) Directions, which were considered necessary for her role involving travel to remote communities, schools, and hospitals.

The appellant disputed the legality of the Employer Direction, arguing that it did not apply to her role, which she believed was Perth-based, and that the duties mentioned in the direction were unclear. The respondent defended the legality and reasonableness of the Employer Direction, stating that it aligned with the SCEO role and that compliance with CHO Directions was essential for fulfilling her responsibilities.

The Board ultimately dismissed the application, finding that the Employer Direction was legal, reasonable, and within the scope of the appellant’s role, which occasionally required travel to remote communities, schools, and hospitals. Her failure to comply with the vaccination order constituted a breach of discipline, and her dismissal was deemed fair and not harsh, oppressive, or unjust in light of the role's travel requirements and the lack of evidence indicating unfair treatment compared to other government employees.

The decision can be read here.