Australia. Ms Jennifer Kimber has lodged an appeal pursuant to s 604 of the Fair Work Act 2009
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VICE PRESIDENT HATCHER |
SYDNEY, 27 SEPTEMBER 2021 |
Appeal against decision [2021] FWC 1818 of Commissioner McKenna at Sydney on 29 April 2021 in matter number U2020/9867.
DECISION OF VICE PRESIDENT HATCHER AND COMMISSIONER RIORDAN
Introduction
[1] Ms Jennifer Kimber has lodged an appeal pursuant to s 604 of the Fair Work Act 2009 (FW Act), for which permission to appeal is required, against a decision of Commissioner McKenna issued on 29 April 2021 1 (decision) in which she dismissed Ms Kimber’s application for an unfair dismissal remedy against Sapphire Coast Community Aged Care Ltd (Sapphire). Sapphire operates aged care facilities in New South Wales, including at Imlay House in Pambula. Ms Kimber was, until her dismissal on 6 July 2020, employed as a receptionist at Imlay House. Her dismissal arose from her refusal to comply with a requirement to be vaccinated against influenza. In the decision, the Commissioner determined that the dismissal was for a valid reason, was procedurally fair, and was not harsh, unjust or unreasonable. Ms Kimber contends in her appeal that the grant of permission to appeal would be in the public interest and that the decision was attended by appealable error.
Chronology of events
[2] The basic facts of the matter, with some additional commentary, are as follows. Ms Kimber commenced employment with Sapphire at Imlay House in 2013. She had for the previous five years worked in the kitchen at Imlay House as an employee of a catering company. Sapphire then employed her as a clerk, and she worked at the reception counter. Part of her duties was to greet visitors and escort them to the residents’ rooms.