An Australian wellness centre and “church” that sacked a lady for getting a Covid-19 jab has been dealt a blow by the Fair Work Commission (FWC) after she sued them for unfair dismissal.
Byron Bay lady Lainie Chaint claimed she was fired from the Church of Ubuntu (COU) in October 2021 for getting vaccinated in opposition to coronavirus – one thing the centre stated was “contrary to God’s teachings”.
The Newcastle-based non secular organisation and wellness clinic maintains that receiving the jab consciously is “in contradiction” with its structure, based on a letter Ms Chaint obtained upon her dismissal.
It blamed “external contract frustration” on account of an “enforced medical apartheid” by the NSW state authorities.
“The Church Of Ubuntu has taken a position that no committee members or full members can be accepted if they consciously chose to and then complete injections, with any of the current or future planned injections purported to protect from the Covid-19/Sars Cov 2 virus,” the letter states.
“As a consequence Lainie can no longer be a full member of the COU.
“She can however in keeping with the Ubuntu philosophy still remain as an associate member if she chooses.”
The COU argued that Ms Chaint – who labored for them as a consumer care marketing consultant – was not a church worker and was as a substitute engaged as an “independent contractor” for his or her related clinic, The Ubuntu Wellness Clinic.
It additionally stated Ms Chaint had refused “alternative subcontracting arrangements” after they had been provided.
But the fee in November final 12 months discovered that she was an worker on the time she was dismissed, noting Ms Chaint was paid a wage by the organisation, supplied with meal breaks and labored with a workforce.
An additional listening to on whether or not Ms Chaint’s dismissal was unfair and whether or not there have been legitimate causes for it was additionally ordered and is but to happen.
The COU appealed that call, arguing there have been errors within the conclusion and jurisdiction of the FWC’s choice.
They claimed errors of regulation had been made about figuring out the respondent because the Church of Ubuntu and the way the FWC “cannot dictate a church on its canons and beliefs”.
The COU additionally stated the choice “flies in the face of the facts”.
In their choice, printed on Monday, the FWC rejected the COU’s enchantment, ruling it had not recognized any errors within the preliminary choice made by deputy president Ingrid Asbury in Brisbane.
“Rather than establishing error in the decision and/or reasons for decision … the appellant simply urges a different result based on extremely limited facts and assertions while disregarding the deputy president’s detailed and correct analysis of the relevant relationship and employer,” the FWC judgment reads.
“The deputy president followed the correct principles and the decision was entirely unremarkable in the factual circumstances existing.”
According to its web site, the COU’s wellness clinic focuses on therapeutic by “plant-based medicines and phyto-nutrients”, working with numerous docs, clinics and practitioners.
It sells a spread of other medicines, together with a spread of hemp seed and oil merchandise.
Its structure states the COU is a “non-dualistic multi-faith philosophy and way of life” primarily based on the Zulu phrase “Ubuntu” – that means “humanity” or “I am because we are”.
Source: www.perthnow.com.au
