Are employer created COVID-19 vaccine requirements still enforceable at your workplace?

The short answer is yes.

The NSW Industrial Relations Commission recently confirmed that it’s up to Employers to determine what steps are reasonably practicable to reduce the known risks associated with COVID-19.(available here)

The Union had challenged the retention and enforcement of the Employer’s COVID-19 vaccination policy, which made it mandatory for workers to have two COVID-19 vaccine shots.

The Union argued that maintaining the policy was unreasonable and unlawful because an unvaccinated employee is no more likely to contract COVID-19 in the workplace than in their private life, and unlikely to cause disruption to the workplace if they do become infected.

In dismissing the proceedings, however, the Commission held that it was acceptable for the Employer to determine that their vaccination policy would be maintained as it is a reasonably practicable measure to ensure the health and safety of their workers. This was in light of the evidence which demonstrated that COVID-19 still poses an existing threat and that two doses of a COVID-19 vaccination can be effective in providing protection against the disease.

Takeaways for Employer:

1. Keep enforcing COVID requirements in contracts or policies if you can demonstrate that a vaccine mandate is reasonable;

2. Maintain evidence that COVID-19 still poses a risk to workers (and others) whilst at work; and

3. Just because another person considers they have a different or better way to manage safety risks, doesn’t mean that the Employer’s requirements are necessarily inadequate or not in keeping with best practice.

Edge Legal

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