Worker argues that vaccines are 'experimental poison' and 'infringe his human rights'
The Fair Work Commission (FWC) has rejected an unfair dismissal case of a worker who refused the COVID-19 vaccination after finding the application was belatedly filed.
After refusing to be vaccinated, the applicant was dismissed despite him arguing that he “worked alone” and “away from other people". He also said that the conduct of the government was “deceptive”, and he should not be “forced to take an experimental poison". He said that his dismissal was unfair because he should not be required to participate in a “medical trial".
The applicant worked on agricultural properties doing fencing work. His employer said that the Mandatory Vaccination (Workers) Direction covered him because it applied to those involved in “agricultural and related work."
The applicant did not dispute that the Direction applied to him but argued he “could have been put to work where he had no contact with others". The applicant was dismissed from his employment upon non-compliance.
The FWC found that non-compliance with the Direction suggested a valid reason for dismissal. It also said that the applicant’s claims that the vaccines were “experimental” and “infringed his human rights and constitutional rights” appear to be “slogans” rather than “arguments as to the merits of his claim based on any fact.”
Aside from finding that the application had “little merit,” the FWC also said he failed to file his claim within 21 days after dismissal. It observed that the applicant decided not to make his application until one day before it was due.
The FWC explained that despite the delay, he still chose to send it by ordinary post when “there were other options available, including a telephone application".
The FWC further ruled that since no exceptional circumstances were established, the extension of time for the application was dismissed.
The decision was handed down on December 15, 2021.
