A childcare worker sacked for refusing to get a flu jab lost an appeal yesterday with the Fair Work Commission to get her job back. 

Bou-Jamie Barber claimed she had received unfair dismissal when she was fired in August last year for refusing to get the vaccine.

Industrial relations and employment lawyer Ellie Bassingthwaighte told Neil Breen the ruling will inform other employers with vulnerable workforces considering implementing such a policy.

“Importantly, it’s going to depend on three factors: firstly, the industry and the workplace in which you’re operating, the type of vaccine, … and it’s also going to depend on the individual.”

Ms Barber’s case was dismissed by Fair Work Commission deputy president Nicholas Lake who found despite her claim to have suffered migraines after a previous flu shot and having a ‘sensitive’ immune system, medical evidence did not show she had a valid exemption.

“The decision noted that had Ms Barber been able to produce medical evidence to show [she couldn’t take the vaccine], she wouldn’t have been required to take it,” Ms Bassingthwaighte said.

Click PLAY below to hear the full interview 

Image: Getty