Church of Ubuntu loses unfair dismissal case after sacking COVID-vaccinated Byron Bay woman – ABC News

During the COVID pandemic, Lainie Chait was hesitant about getting vaccinated.

But with elderly parents living in a different state and travel restrictions in place, she decided it was the best course of action.

Ms Chait then spent the next two-and-a-half years fighting the consequences of that choice after her employer sacked her for getting the jab.

Now the Fair Work Commission has found her termination was unfair and has awarded damages of $8,000 against the Church of Ubuntu, which describes itself as a religious organisation with an associated independent wellness clinic.

Ms Chait said she was happy the matter was over because it was "extremely draining" and unnecessary.

In October 2021, Ms Chait was working for the Newcastle-based church and clinic, whichpromotes and sells alternative plant-based health remedies.

She said that at the time there had been "anti-vaccination mutterings" at the organisation, but no firm policy.

"I knew that if I wanted to see my parents, I needed to get the vaccine," she said."When my boss found out, I was fired."

The Church of Ubuntu argued in the Fair Work Commission that the COVID vaccine was against its "constitution and founding moral and ethical principles".

It described the NSW government's approach that encouraged everyone to get vaccinated as "enforced medical apartheid".

Ms Chait says she only became aware of the organisation's policy via a Facebook audio message from church President Barry Flutter which was submitted to the commission.

"Nobody can work for us if he's vaccinated. It's that simple. So, I don't know how you guys are gonna work that out but nobody can work for the Church of Ubuntu."

Ms Chait said she had supported the philosophy of providing customers with alternative treatment options.

"I was so aligned with their message to the world, but their position just seems hypocritical' she said.

"For a company to say that they are pro-choice but not accept my choice is very hypocritical."

Ms Chait's solicitor Mark Swivel said the lack of clarity from the organisation had been problematic from the outset.

"The employer had never made it clear that vaccination was an issue in terms of the policies of the organisation," he said.

"An employer, theoretically, could set out conditions of employment that vaccination was not permitted, but they didn't do that.

"There were no warnings, there was no counselling, no negotiation or consultation.

"There was just a simple decision, and her employment ended," he said.

The commission found Ms Chait had been dismissed before the church made its policy on vaccination clear and that its stance was "inherently unreasonable".

The Church of Ubuntu has not responded to an ABC request for comment.

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Church of Ubuntu loses unfair dismissal case after sacking COVID-vaccinated Byron Bay woman - ABC News