Blackwood v Northern Beaches Council [2022] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Blackwood v Northern Beaches Council [2022] NSWIRComm 1052 Hearing dates: 4 July 2022 Date of orders: 7 July 2022 Decision date: 07 July 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – employee dismissed for failure to comply with employer's requirement to be vaccinated against COVID-19 – relevance of medical condition – whether employer had complied with procedures regarding risk assessment process – whether dismissal otherwise harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 ss 84, 88 Cases Cited: Construction, Forestry, Maritime, Mining and Energy Union v Mt Arthur Coal Pty Ltd (2021) 310 IR 399; [2021] FWCFB 6059 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Isabella Stevens v Epworth Foundation [2022] FWC 593 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Texts Cited: Nil Category: Principal judgment Parties: Mark Blackwood (Applicant) Northern Beaches Council (Respondent) Representation: M Blackwood (Self-represented) P Thew of Counsel (Respondent) Moray & Agnew Lawyers (Respondent) File Number(s): 2022/00090861 Publication restriction: No

decision 1. Mark Blackwood was employed by the Northern Beaches Council ("Council") as a Commercial Centres Team Leader. His employment was terminated on 4 March 2022 as a result of his failure to meet the requirements of the Council's COVID-19 Vaccination Policy ("Policy"). 2. On 24 March 2022 Mr Blackwood commenced proceedings pursuant to s 84 of the Industrial Relations Act 1996 ("Act"), in which he claimed that his dismissal was harsh, unreasonable or unjust ("Application"). He seeks reinstatement to his position. 3. The Application came before me for hearing on 4 July 2022. Having considered the evidence and submissions of Mr Blackwood and the Council, I have determined to dismiss the Application. These are my reasons.