The Case

Bradley John Dean v Regional Express Holdings Ltd (2022)

Regional Express Holdings Ltd (REX) employed Mr Dean as a pilot. Mr Dean was directed to have a COVID-19 vaccination in accordance with REX’s Mandatory COVID-19 Vaccination Policy.

Mr Dean told REX he was undecided about having the vaccination. Mr Dean wanted to take annual leave and be engaged in non-customer-facing roles until a vaccine he was happy to have became available.

REX terminated Mr Dean’s employment for failing to have a COVID-19 vaccination, in accordance with REX’s policy. REX contended that Mr Dean was unable to perform the inherent requirements of his role as a pilot without having the vaccine.