The Case

Barbara Roman v Mercy Hospitals Victoria Limited (2022)

Between 1999 and 2 December 2021, Ms Roman worked as a hospital service attendant for Mercy Hospitals Victoria Limited (MHV Limited). When COVID-19 hit, the Victorian Government prohibited hospital employees from working unless they had been vaccinated against COVID-19 or had an exemption. Ms Roman was directed by MHV Limited to provide proof she had received a COVID-19 vaccination, had made an appointment to receive a vaccination or had a medical exemption. Ms Roman refused to comply with MHV Limited’s direction and thereafter a process resulted in her dismissal.

Ms Roman commenced unfair dismissal proceedings in the Fair Work Commission (FWC).