Annunziata ‘Tina’ Cinque, a former Jetstar employee, contended that the airline terminated her employment unfairly because to their Covid-19 immunization policy.
A former Jetstar employee who was terminated for refusing to comply with Covid vaccination requirements has lost her legal case against the airline after a judge ruled that her termination was lawful and reasonable.
Annunziata ‘Tina’ Cinque worked with the low-cost airline for over a decade in a variety of capacities, including airport duty manager in Melbourne and domestic terminal team leader.
She was terminated on April 28 for failing to submit a medical exemption for her lack of vaccination.
The Melbourne lady filed a complaint with the Fair Work Commission on August 10, alleging that a pharmacist refused to administer the vaccination when she stated she was compelled to attend the appointment.
Ms. Cinque was originally asked to show proof of vaccination by November 15 of last year; however, the airline extended the deadline to March 31 of this year.
The long-term airline employee went to Pharmacy 4 Less in Reservoir, Melbourne, on March 18 to sign a consent form indicating her willingness to receive a Covid-19 vaccination.
The Melbourne woman scheduled an appointment for a Covid-19 immunization, but advised the pharmacist she had received a ‘draconian threat’ from her employer and that administering the vaccine would violate federal health regulations (STOCK IMAGE)
After the pharmacist called Hinad escorted Ms. Cinque to a room to vaccinate her, the Jetstar employee informed the medical professional that she was only there because the airline had issued her a “draconian threat.”
Ms. Cinque told the commission: “I informed the pharmacist Hinad that I attended freely, under pressure, compulsion, manipulation, and threat of termination of my position.”
“I also informed the injection practitioner that the Federal Health Department’s Immunisation Guidelines “PROHIBIT” injecting individuals who are subject to undue pressure, coercion, or manipulation.”
The sacking threat leveled at me involves undue pressure, coercion, or manipulation.
Ms. Cinque also requested that Hinad sign a “template paper” stating that she was barred from giving the immunization and that if she did so, she would be committing a crime and would be subject to both criminal and civil legal action.
Ms. Cinque told the pharmacist at Pharmacy 4 Less that she had been “forced” by her airline to receive a vaccination. She then informed the unknowing pharmacist that administering the vaccine to the Jetstar employee would consequently violate federal health regulations.
In light of Ms. Cinque’s statement, the pharmacist stated she was unable to administer the immunization and refused to sign the letter.
Two weeks later, on April 1, Jetstar informed Ms. Cinque that she will be terminated and asked her to provide reasons why she should not be.
Ms. Cinque responded on April 6 that she did not comply with the directive to get vaccinated, that she attended her scheduled appointment, and that the pharmacist refused to inject her.
Glenn Floyd, an unpaid representative, represented Ms. Cinque before the Fair Work Commission.
Mr. Floyd and Ms. Cinque requested an order ordering the appearance of both Qantas CEO Alan Joyce and Jetstar CEO Gareth Evans two days before to the start of the hearing, on August 8.
Mr. Joyce manages the Qantas Group, which includes Jetstar.
Ms. Cinque’s commission representative attempted to compel Qantas Group CEO Alan Joyce to appear.
Mr. Floyd indicated at the August 10 hearing that the presence of the two CEOs was necessary because Ms. Cinque “wants to face her accusers.”
In addition, he stated that they would be asked questions proving that they violated her job contract and performed other illegal conduct.
The Fair Work Commissioner, Bernadette O’Neill, was not satisfied that the two CEOs shown “sufficient relevance or value.”
Commissioner O’Neill concluded in her finding that Ms. Cinque “carried out a knowing and purposeful plan” devised by Mr. Floyd to get a “formal record of not being vaccinated.”
Commissioner O’Neil noted that Ms. Cinque took the template document to the drugstore and informed the pharmacist that she was unwilling to receive the vaccine willingly.
The template paper makes it abundantly evident that Ms. Cinque was not in fact agreeing to vaccination, despite having previously completed a consent form.
The Fair Work Commission determined that Jetstar’s (pictured) termination of Ms. Cinque’s contract was legitimate and fair. It was also determined that Ms. Cinque “acted consciously and deliberately” to get a “formal record of not being vaccinated.”
In addition, the commission determined that Jetstar had a “legitimate rationale” for Ms. Cinque’s dismissal and that their vaccination policy was “legal and reasonable.”
Jetstar adopted a Covid-19 immunization policy in September 2021, stating that non-compliant personnel will likely be terminated.
Jetstar informed Daily Mail Australia that it “supports” the establishment and implementation of its Covid-19 policy.
Jetstar stated, “We stand by our immunization policy and the manner in which it was designed and implemented.”
‘Safety is fundamental to Qantas and Jetstar’s operations and was a major factor in our decision on employee vaccines.
While the Qantas Group was the first ASX-listed firm to implement such a policy, domestic airlines in Australia and numerous international airlines have since implemented similar obligations for their employees.
Ms Cinque’s dismissal timetable
September 2021
Qantas Group (Qantas Airways, Qantas Freight, Jet Connect, Eastern Australia Airlines, Sunstate Airlines, Jetstar Airways, Network Aviation, and Express Freighters Australia) implements a Covid-19 immunization policy mandating that all frontline personnel are completely immunized.
November 15, 2021
Ms. Cinque was asked to submit proof of vaccination, but her deadline was extended until the next year.
March 18, 2022
Ms. Cinque visited Pharmacy 4 Less in Reservoir, Melbourne, where she completed a consent form agreeing to have a Covid-19 vaccination.
The Jetstar employee stated that she was only present due to a ‘draconian threat’ from the airline. Ms. Cinque provided the pharmacist with a template statement stating that she was barred from providing the immunization, and that if she did so, she would be committing a crime and would be subject to criminal and civil legal action.
In light of Ms. Cinque’s statement, the pharmacist stated she was unable to administer the immunization and refused to sign the letter.
April 1, 2022
Jetstar informed Ms. Cinque that she will be terminated and requested her to provide reasons why she should not be.
April 6, 2022
Ms. Cinque responded that she complied with the directive to get vaccinated by attending her scheduled appointment, but the pharmacist refused to inject her.
April 28, 2022
Ms. Cinque’s employment was terminated because she failed to produce a medical exemption for being unvaccinated.
August 10, 2022
Ms. Cinque filed a complaint with the Fair Work Commission alleging that she was terminated unfairly.
August 24, 2022
In her conclusion, Commissioner O’Neill determined that Ms. Cinque “executed a premeditated and purposeful scheme” devised by her attorney, Glenn Floyd, to get a “formal record of not being vaccinated.”
In addition, the commission determined that Jetstar had a “legitimate rationale” for Ms. Cinque’s dismissal and that their vaccination policy was “legal and reasonable.”