[New Zealand] Job losses and no compensation for unvaccinated workers

Employment law experts say workers in New Zealand who refuse to get the COVID-19 vaccine are likely to have their contracts terminated and not be entitled to any compensation, Stuff reports.

On October 11 the New Zealand Government mandated vaccinations for education and most healthcare workers. The mandate followed an April requirement for most of the country’s border workforce including those who work at ports and airports and officials working in MIQ facilities to be vaccinated against COVID-19 under the Public Health Response (Vaccinations) Order 2021.

Employment lawyer and Stuff columnist Susan Hornsby-Geluk said it was unsurprising that teachers and health workers were required to be vaccinated. The Government had reportedly indicated for several weeks that it was likely to go down this path.

She cited recent Employment Relations Authority and High Court decisions which upheld the legality of the order, and implementation of it in workforces, that would have “buoyed” the Government.

An increasing groundswell of employers had wanted to introduce mandatory COVID-19 vaccinations. “Many people perceive this as consistent with the approach the Government has taken.” Ms Hornsby-Geluk said that other employers, encouraged by the October 11 announcement, may enforce their own mandatory vaccination orders.

In order for that to happen, employers would need to conduct a health and safety assessment to determine whether its roles put their employees at risk of contracting COVID-19, or whether roles led employees to come into contact with vulnerable community members. The line had yet to be tested on what constituted reasonable health and safety grounds, Ms Hornsby-Geluk said.

Some people had previously questioned whether mandatory vaccination would be a breach of the Bill of Rights Act or civil liberties but there was a “growing recognition” that vaccination was a fundamental and necessary part of an effective public safety response, she continued.

Workers who refused vaccination were likely to be fired without redundancy pay, as they could be classed as unable to fulfil the requirements of their employment.

Employers would need to explore redeployment options before dismissal. However, with the specialised roles required by education and healthcare workforces, it was unlikely there would be many redeployment opportunities.

Victoria University of Wellington employment law professor Gordon Anderson told Stuff that a mandate under a health order was lawful under whichever Act the order was made.

Courts could not overrule legislation, Mr Anderson said, however, people would still be able to challenge the mandate. “But as long as the legislative chain is clear, it’s not too big a concern.” 

Border workers were already required to be vaccinated therefore no precedent was set by the announcement, “In all these cases, there is clear rationale.”

Going forward people may not be able to go out to live events without vaccine passports, or visit businesses.

The October 11 announcement was an extension of what was happening in other areas of public life, Mr Anderson said. He added that many education and healthcare workers would already be vaccinated in levels “well above” the general population.

Source: Stuff

(Links and quotes via original reporting)

Employment law experts say workers in New Zealand who refuse to get the COVID-19 vaccine are likely to have their contracts terminated and not be entitled to any compensation, Stuff reports.

On October 11 the New Zealand Government mandated vaccinations for education and most healthcare workers. The mandate followed an April requirement for most of the country’s border workforce including those who work at ports and airports and officials working in MIQ facilities to be vaccinated against COVID-19 under the Public Health Response (Vaccinations) Order 2021.

Employment lawyer and Stuff columnist Susan Hornsby-Geluk said it was unsurprising that teachers and health workers were required to be vaccinated. The Government had reportedly indicated for several weeks that it was likely to go down this path.

She cited recent Employment Relations Authority and High Court decisions which upheld the legality of the order, and implementation of it in workforces, that would have “buoyed” the Government.

An increasing groundswell of employers had wanted to introduce mandatory COVID-19 vaccinations. “Many people perceive this as consistent with the approach the Government has taken.” Ms Hornsby-Geluk said that other employers, encouraged by the October 11 announcement, may enforce their own mandatory vaccination orders.

In order for that to happen, employers would need to conduct a health and safety assessment to determine whether its roles put their employees at risk of contracting COVID-19, or whether roles led employees to come into contact with vulnerable community members. The line had yet to be tested on what constituted reasonable health and safety grounds, Ms Hornsby-Geluk said.

Some people had previously questioned whether mandatory vaccination would be a breach of the Bill of Rights Act or civil liberties but there was a “growing recognition” that vaccination was a fundamental and necessary part of an effective public safety response, she continued.

Workers who refused vaccination were likely to be fired without redundancy pay, as they could be classed as unable to fulfil the requirements of their employment.

Employers would need to explore redeployment options before dismissal. However, with the specialised roles required by education and healthcare workforces, it was unlikely there would be many redeployment opportunities.

Victoria University of Wellington employment law professor Gordon Anderson told Stuff that a mandate under a health order was lawful under whichever Act the order was made.

Courts could not overrule legislation, Mr Anderson said, however, people would still be able to challenge the mandate. “But as long as the legislative chain is clear, it’s not too big a concern.” 

Border workers were already required to be vaccinated therefore no precedent was set by the announcement, “In all these cases, there is clear rationale.”

Going forward people may not be able to go out to live events without vaccine passports, or visit businesses.

The October 11 announcement was an extension of what was happening in other areas of public life, Mr Anderson said. He added that many education and healthcare workers would already be vaccinated in levels “well above” the general population.

Source: Stuff

(Links and quotes via original reporting)