WA Cop wins supreme court injunction over the right to choose

Senior Constable Ben Falconer won't be fired until his case goes to trial

WA Cop wins supreme court injunction over the right to choose
WA Police Commissioner Chris Dawson
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‘Pro-choice’ Senior Constable Ben Falconer of the Western Australian Police force has won his injunction in the supreme court against mandatory Covid vaccinations.

This temporarily protects Falconer from losing his job over the direction given by the Police Commissioner Chris Dawson while Falconer’s case continues to trial. Falconer is still not permitted anywhere on police premises.

The decision was handed down by Supreme Court Justice Jeremy Allanson on Friday, December 24. It does not apply to anyone except Senior Constable Falconer. Other members of the Western Australian Police Force who refuse vaccination will be sacked based on the Commissioner’s direction.

The decision of the Supreme Court is an interim decision and it only applies to a single police officer – not any other officers. It does not affect the chief health officer’s order … this particular applicant will not be able to attend a police facility in the interim period,” said Western Australian Supreme Court Justice Jeremy Allanson.

I won’t make any other further comments on that because obviously the matter is now before the court and the next date is January 12, 2022.”

Senior Constable Ben Falconer does wishes to remain employed with Western Australia Police without receiving the newly required mandatory Covid vaccination. Falconer does not claim any special medical objection other than the freedom to choose.

I will grant an interlocutory injunction restraining the commissioner, until further order, from dismissing the applicant in reliance on the applicant’s failure to comply with the employer direction.”

Meanwhile, a Queensland police officer working at Brisbane airport has lost his appeal for exemption from mandatory Covid vaccination.

Nikolay Radev voiced his genuine concerns of a potential adverse reaction to a vaccine in his application, citing exceptional circumstances. 

He was suspended from duty without pay due to his vaccination status.

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  • By Avi Yemini

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