A number of Employers now must consider the COVID-19 vaccination. In a previous article “Can Australian Employers force an Employee to get vaccinated?” we answered the question – yes (with some caveats) mainly around:
We also recently appeared with our friends Willis Towers Watson on a joint webinar going into further depth around this question.
So, what now?
Here are 5 questions for all Employers to consider in the coming months.
This is a crucial question. If your organisation will likely be working in industries that will require COVID-19 vaccinations or it will likely form an inherent requirement of the position, then a policy and procedure should be drafted. On this basis a few things need to be considered:
Have the WHS obligations been and if so what are they?
What will be the reasonable steps required to be taken?
For those in health and frontline worker support there will be a much higher obligations as opposed to a company that has several office workers who work from home or work remotely.
Obligations could include:
If you have undertaken a consultation what was said and what documents were provided?
Have you complied with any industrial instrument obligation such as a Modern Award or Enterprise Agreement?
Does the employment contract or another policy provide obligations for how and when the consultation is to take place?
By far the biggest question we receive is around what employees will say to being directed to take the COVID-19 vaccination.
Several objections come to mind:
With all these objections and any other these questions must be overcome by the objections:
This is a very difficult issue to traverse. If an Employer is seriously considering disciplinary action based on a refusal to take the vaccine a few issues should be considered:
There are a number of questions to answer and if you need questions to some of these answers give NB Lawyers – Lawyers for Employers a call and take up our offer of an obligation free consultation. Reach out via email@example.com or +61 (07) 3876 5111 to book an appointment.
We have helped clients to:
Jonathan Mamaril leads a team of handpicked experts in the areas of employment law and commercial law at NB Lawyers – Lawyers for Employers who focus on educating clients to avoid headaches, provide advice on issues before they fester and when action needs to be taken and there is a problem mitigate risk and liability. With a core value of helping first and providing practical advice, Jonathan is a sought after advisor to a number of Employers and as a speaker for forums and seminars where his expertise is invaluable as a leader in this area as a lawyer for employers.
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