THE FAIR Work Commission has dismissed the appeals of former DP World employees looking to overturn an earlier decision that validated the company’s move to fire the employees for refusing to be vaccinated against Covid-19.
The 24 appellants were employees of DP World Sydney and DP World Brisbane. The terminal operator dismissed them in late 2021 for not meeting its vaccination mandate.
The mandate, outlined in emails to staff in September and October 2021, required employees to have received their second dose of Covid-19 vaccine by 15 November (in Sydney) and 26 November (in Brisbane). The 24 workers did not comply, and were dismissed.
The former employees, most of them supported by the Maritime Union of Australia, brought the matter before the FWC last year as an unfair dismissal.
FWC deputy president Ingrid Ashbury, in a decision published 10 January 2023, found DP World’s vaccination mandate was “valid, sound, and defensible”.
“There were compelling reasons for DP World to introduce the Mandate and it is not to the point that other stevedoring companies did not take similar steps,” she wrote.
Following an appeal hearing in Brisbane on 8 March 2023, the FWC handed down a decision on Tuesday (21 March) which found the appeals of the 24 former employees were “not competent”.
FWC vice president Joe Catanzariti, deputy president Bernadette O’Neill and commissioner Chris Simpson noted Ms Ashbury did not dismiss nor grant any of the unfair dismissal applications brought by the appellants in the decision.
“Rather, as agreed between the parties, she only dealt with the question of whether the Respondents had a valid reason for dismissing the Appellants, being that they were in breach of a lawful and reasonable workplace direction. Ultimately, she found that they did.”
They said the former DP World employees did not advance appeals capable of consideration under the Fair Work Act.
“Accordingly, the appeals are dismissed, and the matters will be remitted to Deputy President Asbury for further determination.”
