Ms Nicole Maree Arnold v Goodstart Early Learning Limited T/A Goodstart Early Learning [2020] FWC 6083

The Applicant was employed with responsibility for the care of children, and objected to being vaccinated on grounds which did not include a medical reason or health related issue. She was dismissed on the basis that she had refused to comply with a lawful and reasonable direction, and sought an unfair dismissal remedy. Nathan Buckley of G&B Lawyers appeared on behalf of the Applicant in Ms Nicole Maree Arnold v Goodstart Early Learning Limited T/A Goodstart Early Learning [2020] FWC 6083.

The Applicant had contacted the principal lawyer of the Firm Advocate Me, via Facebook Messenger. The message, tendered by the Applicant was in the following terms:

“…my name is Nikki I have been fighting against my employer Goodstart Early Learning since April of this year with mandatory vaccinations, we have kept them at bay with notices but today they fired me because I would not consent to being vaccinated, I have seen and listened to your video, love your work and want to get involved. Direct us in the right way please as to where to go now as I wish to take this further but need help and advice as they don’t care what they do to us.”

The court noted (at 18 – 19) a “bizarre” and lengthy email correspondence sent to her employer prior to her dismissal, in which she refers to herself in the following terms:

“I am Nicole Maree Arnold, in that I am Nicole-Maree of the blood of the House of Arnold, relying upon the King James Version of the Holy Bible, Romans chapter 2 verse 11, which states: “For there is no partiality with God. I am not the Government created entity or person, nor am I, a ward of the State. The Book of James Chapter 5 Verse 12 clearly states; “But above all my brethren, do not swear, either by heaven or by earth or with any other oath let your Yay be Yay and your Nay be Nay”. Therefore I shall not be compelled to swear oaths, my word is my bond.

I am a woman, I am a non-combatant, non-belligerent civilian. I hold no title or Military Rank, including but not limited to: Miss, Ms or Mrs.”

In justification of her non-consent to being vaccinated, or to being compelled to vaccinate, the Applicant cited: The Forced Labour Convention, 1930, No. 29, Article 2; the Nuremberg Principles No III and IV being a Convention which Australia has Signed and Ratified; and/or the Commonwealth of Australia Constitution Act 1901, Commonwealth, Section 51, XXIIIA. The Applicant also cited the Universal Declaration of Human Rights, High Court judgements, articles found in medical journals and definitions drawn from a range of dictionaries and other sources in support of her position.”

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