Sacked for breach of COVID regulations

A recent case in the Fair Work Commission (Hooshmand v Cater Care Australia Operations) has indicated that an intentional breach of COVID-19 workplace health and safety policies may be grounds for instant dismissal. In this case a catering assistant at an aged care facility deliberately coughed in the face of a nurse when she was taking his temperature before the shift. The catering assistant claimed it was an accident. However the Commission considered that as he had complained about how long the test was taking and had not immediately apologised after the cough it could be concluded that it was intentional. The Commission accepted that behaviour was inconsistent with all expectations of the employer and posed a potential serious health risk to the residents and employees at the facility, especially during a pandemic. Accordingly, his application for an unfair dismissal was rejected by the Commission.