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An employer has failed to have a $34k unfair dismissal order revoked, after arguing it didn't participate in proceedings because a "rogue" HR professional had misled it into thinking the case was over.

The case involved an Australian Ceramics Engineering (ACE) employee who was sacked in March last year after failing to get a COVID-19 vaccination.

In subsequent proceedings, Fair Work Commissioner Bruce Williams concluded the employer had a valid dismissal reason and had undertaken a procedurally fair process.

However, it had told the employee it would move him to its workshop if he didn't get the vaccine, and its failure to redeploy him made the dismissal unreasonable, he found in ordering the employer to pay him $34,200 in compensation...