Mr Alexander James Marriott v Baptcare Limited

Mr Alexander James Marriott brought an unfair dismissal application against Baptcare Limited, his former employer, before Commissioner Johns of the Fair Work Commission. The central issue was whether the Applicant's dismissal was unfair within the meaning of the Fair Work Act 2009. Baptcare dismissed the Applicant because he failed to comply with its COVID-19 vaccination policy, which required employees to be vaccinated against COVID-19. Baptcare argued the dismissal was lawful because the Applicant's role inherently required him to attend its physical locations and the vaccination policy was a necessary measure to ensure a safe working environment. The Applicant contended the dismissal was unfair because he was working from home and had no intention of being vaccinated. Commissioner Johns found the dismissal was unfair because there was no valid reason for dismissal at the time of termination, as the Applicant could have continued to work from home until CSS employees were required to return to the office. The Commissioner held that Baptcare's requirement for the Applicant to attend its physical locations did not apply until 24 February 2022, three months after the dismissal. Therefore, the dismissal was premature and unreasonable. The Commissioner concluded that no remedy was appropriate because the Applicant had not suffered any economic loss and remained unvaccinated.