The Public Service Board dismissed the appeal, upholding the decision to dismiss him for non-compliance with vaccination requirements, deeming the dismissal fair and rejecting his request for reinstatement as beyond the Appeal Board's power.

The appellant, an Engineering Associate at Main Roads Western Australia, was dismissed for non-compliance with an Employer Direction requiring vaccination under the Building and Construction Industry Worker (Restrictions on Access) Directions (BCIW Directions). The appellant argued that his dismissal was unfair, contending that he could have negotiated a rotation to perform duties in areas not subject to BCIW Directions and sought reinstatement.

The respondent asserted that the dismissal was justified as the Employer Direction was a reasonable and lawful order, necessary for the applicant's duties requiring attendance at construction sites. The respondent argued that the applicant's refusal to be vaccinated prevented him from fulfilling key duties, and justified the decision as fair.

The Appeal Board dismissed the appeal, noting that the appellant's duties involved construction site access, and his upcoming rotation required attendance at Pilbara construction sites. Non-compliance with vaccination requirements hindered his ability to perform essential duties, rendering his dismissal justifiable. The Appeal Board rejected the appellant's reinstatement request, deeming it an attempt to formulate new contractual terms beyond the Appeal Board's power and constituting jurisdictional error. Additionally, such an order would be inconsistent with the Appeal Board's obligations under the Industrial Relations Act 1979 (WA), as the applicant could not fulfill all duties.

The decision can be read here.