An Accident Compensation Corporation employee was summarily dismissed by his employer at the height of the pandemic in Samoa for not getting his COVID-19 vaccination.

The “unreasonable termination” of employment of the A.C.C. staff member was recorded by the Ombudsman’s Office as one of the cases that was resolved early. The case was reported in the corporation's Annual Report for 2021–2022 with compulsory vaccination for COVID-19 topping the number of complaints that were dealt with by the office. 

The staff member lodged a complaint with the Ombudsman’s Office, which is also the National Human Rights Institution (N.H.R.I.) when he had his employment terminated. 

The report noted Mr A had claimed that due to the COVID-19 outbreak in Samoa, the A.C.C. issued a directive for all staff to complete their vaccinations before returning to work. However, after completing his vaccination, the complainant said he returned to work but was surprised to be informed that his employment had been terminated. 

He also stated that he did not receive any formal notice of his termination and had unsuccessfully tried to seek an explanation from the A.C.C. management.  

According to the Ombudsman's Office, a notice of intention to investigate the complaint was addressed to the general manager of the A.C.C. requesting an explanation. 

In response, the A.C.C. stated that Mr. A had already been issued three warnings for previous transgressions and that his supervisor wanted him to be summarily dismissed after his third warning. 

On the enforced vaccinations, Mr A was the only employee who did not comply with the A.C.C. directive and the reasons why he was sent home until he completed his injections. 

“A.C.C. also noted that a final decision on whether or not to re-employ the complainant had not been made,” the report stated. “What was obvious was that A.C.C. did not tolerate staff that refused to comply with office policy and procedures.

"Mr. A later returned to the Office stating that his matter had been addressed with his supervisor and that he had resumed work but in a different position.”

The Ombudsman's Office was acknowledged for their assistance and the complainant had asked to have his complaint withdrawn after it was resolved.