As the COVID-19 vaccination rollout continues, both employers and employees need to know if employees can be required to be vaccinated. This is because if an employee refuses a direction to have a jab and is then excluded from the workplace or is treated unfavourably, this may be regarded as a constructive dismissal or unlawful discrimination leaving the employer open to an action for wrongful dismissal or breach of the employment contract.
The Fair Work Ombudsman recently released a statement saying that the overwhelming majority of employers should assume that they will NOT be able to require their employees to be vaccinated against COVID-19 although there may be limited circumstances where the vaccination can be required depending on the particular workplace and the employee’s own circumstances.
Therefore, it will only be lawful and reasonable for an employer to direct an employee to vaccinate where the employee interacts with people who have a higher risk of being infected or are most vulnerable to COVID-19. Of course, employers can encourage employees to vaccinate and facilitate access to the process as a worthwhile alternative. For more information see:
April 2021