Mandatory Vaccinations
Mandatory Vaccinations
We are all aware of the huge debates being held around mandatory vaccinations for workers.
The Government has mandated that work be done by vaccinated people in specific sectors or business types and these include:
- Border and managed isolation and quarantine facilities
- Health and disability sector
- Education sector
- Work in prisons
- Food and drink services (excluding businesses operating solely as takeaways), events, close proximity services* and indoor exercise facilities like gyms
- Work at tertiary education premises (only at the red level of the COVID-19 Protection Framework)
- New Zealand Police (sworn members, recruits, and authorised officers)
- New Zealand Defence Force (Armed Forces and civilian staff).
- Or some close proximity services such as hairdressers, nail salons and tattoo parlours, etc
Those occupational groups account for around 40% of the workforce. That means that 60% are not mandated occupations.
However individual private companies not named may wish to request that their employees be vaccinated. Some may do so not because they want to, but because their clients have said they won’t do business with them if they are not.
What they must remember though is that the legislation being used by the Govt for such vaccination matters does not remove an employer’s obligations under employment legislation. Simply put an employer can’t just say no jab no job.
In other words, you must still operate within the requirements of the Employment Relations Act 2000, Health and Safety at Work Act 2015, and all other relevant employment laws. Employers must act in good faith; they must have proper dialogue with employees and or other representatives such as a union etc, and work through processes with employees before deciding on any outcome.
Employers cannot require any individual person to be vaccinated, however, being unvaccinated may have implications for an employee’s job.
Employers should think about considering what alternatives are available to allow the employee to keep working without vaccination. Employees and employers may be able to agree on changes to work arrangements which could mean that vaccination isn’t required. This outcome should be mutually agreed, and independent advice may be needed if this is not possible.
Please remember what ever decisions you make all normal employment law and processes continue to apply.
Employers should take care to be fair and reasonable in their employment decisions and work in good faith with employees and unions before deciding on any employment outcomes.
Employees will be able to bring a personal grievance if they feel they have been unjustifiably dismissed or disadvantaged as a result of a decision their employer has made about vaccination.
Author: Ronald Jones