Kathryn Roy-Chowdhury v The Ivanhoe Girls' Grammar School

The applicant, Ms Kathryn Roy-Chowdhury, brought an application to the Fair Work Commission for a remedy for unfair dismissal. Ms Roy-Chowdhury alleged that she was dismissed without a valid reason, without notice and without an opportunity to respond. She also alleged that the dismissal was harsh, unjust or unreasonable. The respondent, the Ivanhoe Girls’ Grammar School, denied the allegations. The respondent argued that Ms Roy-Chowdhury was dismissed because she was unable to perform the inherent requirements of her role and that she was not vaccinated against COVID-19, as required by a Direction issued by the Chief Health Officer. The direction required that the respondent take reasonable steps to prevent unvaccinated employees from entering or remaining on its premises for the purposes of performing work. The respondent argued that the dismissal was not harsh, unjust or unreasonable and that Ms Roy-Chowdhury was provided with notice of the reason for her dismissal and given an opportunity to respond. The Commission found that the dismissal was not harsh, unjust or unreasonable. The Commission found that there was a valid reason for the dismissal, that Ms Roy-Chowdhury was notified of the reason and given an opportunity to respond. The Commission found that the dismissal was not harsh, unjust or unreasonable. The application was dismissed.