Skip to content
CVChecl logo
  • Products
    • Our Checks
      • National Police Checks
      • Employment Reference Checks
      • Employment and Qualification Checks
      • VEVO Visa and Work Entitlement
      • Credit, Financial and Business Checks
      • Traffic and Licence Checks
      • Predictive Psychometric Assessments
      • International Checks
    • ID Requirements
    • Verify a CVCheck Certificate
    • CVCheck Help
  • About Us
    • Who we are
      • Our History
      • Our Mission and Values
      • Our Board
    • Why CVCheck
    • Integration Partners
    • Investor Center
  • Blog
  • Contact Us
Menu
  • Products
    • Our Checks
      • National Police Checks
      • Employment Reference Checks
      • Employment and Qualification Checks
      • VEVO Visa and Work Entitlement
      • Credit, Financial and Business Checks
      • Traffic and Licence Checks
      • Predictive Psychometric Assessments
      • International Checks
    • ID Requirements
    • Verify a CVCheck Certificate
    • CVCheck Help
  • About Us
    • Who we are
      • Our History
      • Our Mission and Values
      • Our Board
    • Why CVCheck
    • Integration Partners
    • Investor Center
  • Blog
  • Contact Us
CVCheck Checkpoint logo
Search
Close
  • Categories
    • HR
    • Recruitment
    • Talent Acquisition
    • Jobseekers
    • CVCheck News
    • Product News
    • News Affairs
  • Product News
    • National Police Checks
    • Employment Reference Checks
    • Employment and Qualifications Checks
    • VEVO Visa and Work Entitlement Checks
    • Credit, Financial and Business Checks
    • Traffic and License Checks
    • Predictive Psychometric Assessments
    • Working with Children
  • Resources
    • Articles
    • Announcements
    • Case Studies
    • eBooks
    • Infographics
    • Testimonials
    • Videos
    • White Papers
Menu
  • Categories
    • HR
    • Recruitment
    • Talent Acquisition
    • Jobseekers
    • CVCheck News
    • Product News
    • News Affairs
  • Product News
    • National Police Checks
    • Employment Reference Checks
    • Employment and Qualifications Checks
    • VEVO Visa and Work Entitlement Checks
    • Credit, Financial and Business Checks
    • Traffic and License Checks
    • Predictive Psychometric Assessments
    • Working with Children
  • Resources
    • Articles
    • Announcements
    • Case Studies
    • eBooks
    • Infographics
    • Testimonials
    • Videos
    • White Papers

COVID-19: Can workplaces mandate the vaccine?

  • CVCheck By CVCheck
  • February 23, 2021
Covid vaccination in the workplace

What does the arrival of the COVID-19 vaccine mean for workplaces? We spoke to employment law expert Karl Rozenbergs about whether or not organisations can mandate the jab, and what to consider in the process.

For more than a year we’ve lived with the widespread disruption of COVID-19 – to our collective health, businesses and overall wellbeing.

The Australian and New Zealand Governments have secured numerous vaccine agreements, including with Pfizer and BioNTech in New Zealand, and Pfizer and AstraZeneca in Australia, which roll out this week.

So…what does that mean for the workplace? Here, we examine the considerations and legalities around mandating the vaccine.

COVID-19 vaccine: the plan

Vaccinations began their official rollout in New Zealand on 20 February, and in Australia on 22 February, with 50,000 going to frontline quarantine and health workers interacting with returned international travellers, and another 30,000 going to aged and disability care staff and residents. Another 80,000 doses will be administered to the states and territories based on their percentage of the country’s population.

Once quarantine and border workers, priority frontline healthcare workers, and the staff and residents of aged-care and disability centres have had their jabs, the second round will cover the adult population, and the final round will be for those aged under 18.

All New Zealanders and Australians will have free and voluntary access to the vaccine.

Balancing safety and risks in the workplace

While there are still a number of months to go until the entire population has access to the vaccine, the time to start thinking about how it will affect your organisation is now – and safety should be front and centre.

“All businesses have an obligation to provide a safe working environment for their employees, customers and anyone else who enters the work environment,” says Karl Rozenbergs, Employment and Workplace Relations Partner at Hall & Wilcox.

“They need to consider their own individual circumstances because each workplace faces different risks,” explains Rozenbergs.

He adds that this focus on safety must also consider the risks of not taking a stance on the vaccine. “For example, a virus outbreak could cause reputational issues for some businesses, like those involved in food production.”

"The repercussions of an outbreak can be much broader than just dealing with the outbreak itself, as it might become a brand issue regarding the quality of the product."

Karl Rozenbergs, Employment and Workplace Relations Partner at Hall & Wilcox Tweet

“There’s also a cultural risk. Say an employee contracts the virus and people don’t want to come into the office. Even though they may be able to work from home productively, there’s still the question of what culture you want to cultivate, which can be impacted by potential delays in collaboration and development when your team isn’t in one place,” says Rozenbergs.

The legalities around mandating the vaccine

There’s no precedent for a vaccine rollout of this size and of such importance to national health, and Rozenbergs says that’s what makes the notion of mandating the vaccine such a complex issue.

“While you can’t force someone to get the vaccine, an employer does have the right to direct their employees to take a certain action if it is lawful and reasonable."

Karl Rozenbergs, Employment and Workplace Relations Partner at Hall & Wilcox Tweet

“In this case, it is ultimately a health and safety issue. If the employer is an aged-care provider for example, it might be lawful and reasonable to mandate the vaccine because there are risks they need to avoid that simply don’t apply to other businesses. However, in a regular office environment without that same level of risk, it may be harder to mandate,” Rozenbergs explains.

There are also other considerations. An individual may require a medical exemption for not getting the vaccine if taking the vaccine meant they would go into anaphylactic shock.  Employers’ directions would need to be able to accommodate situations like that in order to be reasonable.

“But then comes the bigger question of how you accommodate that individual. Do you have them work from home, or do you redeploy them to another part of the business where there is less risk? Or perhaps you just rely on social distancing, masks and sanitisation to control the risks?” asks Rozenbergs.

It’s a complicated process and the journey will be different for every employer, with so many factors to take into consideration.

The most important step? Start defining a strategy now.

What to consider if you do decide to mandate

1. Communication strategy

Consider how you’ll explain to your employees why you require them to get the jab, and clearly outline the alternatives for those who don’t want to. Ensure you give your staff an opportunity to ask questions, voice their concerns, or request a private meeting to discuss the issue further.

2. Vaccine policy

“Every business should have a policy,” Rozenbergs says, explaining that your policy will need to explicitly outline a few key factors:

  • Will staff be able to get the vaccine on site?
  • Will they be permitted time off to get the vaccine off-site?
  • If they claim to have already had it, will they need to provide evidence from a doctor?
  • Will those health records be kept in the company’s records?
  • What happens if someone refuses the vaccine? Ensure there’s a clear process in place if an employee does refuse – this should include allowing an opportunity for discussion so staff can explain their reasons for refusal and you can outline what will happen going forward (for example, changes to their working arrangements or environment)

So…where to now?

While this may seem overwhelming, take comfort in the fact that every organisation is in the same boat, finding their way in unchartered territory.

To ensure the uptake of the new COVID-19 vaccinations in your workplace is as smooth – and lawful – as possible, always confer with your board, legal and HR departments, create a robust policy around how your business will manage the vaccine, and ensure your employees understand their rights and obligations as soon as possible.

[Disclaimer] This information is general in nature and does not constitute legal advice.

Karl Rozenbergs

Karl Rozenbergs

Karl Rozenbergs is an Employment and Workplace Relations Partner at Hall & Wilcox. With over 25 years of experience, he advises his clients across a broad range of employment and industrial issues including advice on negotiating and implementing enterprise agreements, defending unfair dismissal claims, discrimination claims and contractual disputes.

Karl has defended and successfully resolved various unfair dismissal claims involving employee misconduct, bullying and disciplinary issues in the Fair Work Commission. Karl is a Recommended Lawyer in The Legal 500 Asia Pacific for Labour and Employment in 2021.

CVCheck logo icon

CVCheck is a leading provider of background screening services in Australia and New Zealand, conducting over 300,000 checks every year for businesses, government organisations, and individuals. To learn more about our team and business, sign up to our blog today.

Recent Articles

certification for quality control, which ensures that the company product meets its standards. on the virtual screen, there is a concept.

Organisations may not have the visibility needed to comply with the Critical Infrastructure Protection Bill

blog headers

Managing the burden of government oversight with ease

Child Worker Checks To Lower Child Abuse

Children’s Worker’s Safety Checks: How they can help lower NZ’s alarming child abuse statistics

businessman hand stopping falling blocks on table

Mitigating the risk factors your organisation faces every day

Browse by

Category

  • HR
  • Recruitment
  • Talent Acquisition
  • Jobseekers
  • CVCheck News
  • Product News
  • News Affairs

Product

  • National Police Checks
  • Employment Reference Checks
  • Employment and Qualifications Checks
  • VEVO Visa and Work Entitlement Checks
  • Credit, Financial and Business Checks
  • Traffic and License Checks
  • Predictive Psychometric Assessments
  • Working with Children

Resource

  • Articles
  • Announcements
  • Case Studies
  • eBooks
  • Infographics
  • Testimonials
  • Videos
  • White Papers

You may also like

Loading...
Hiring Manager Tracking Recruitment Metrics
Top 10 recruitment metrics you should be tracking this year
Top soft skills for hiring candidates
The top 10 soft skills hiring managers need to consider & why
Conducting A Staff Performance Review
Expert advice on performance management
Verifying identity while working remotely_ Use these tips to remain compliant... (3)
Q&A: Your JobKeeper questions answered
CVCheck Checkpoint logo
Powered by
CVCheck logo white

Browse checks

  • National Police Checks
  • Employment Reference Checks
  • Employment and Qualification Checks
  • VEVO Visa and Work Entitlement
  • Credit, Financial and Business Checks
  • Traffic and Licence Checks
  • Predictive Psychometric Assessments
  • International Checks

Quick links

  • About Us
  • Resources
  • CVCheck Help
  • Contact Us

Checkpoint Newsletter

Subscribe now

Connect with us

Facebook-f Linkedin-in Twitter Youtube Instagram
  • Copyright 2022 - CV Check Ltd
  • Privacy Policy
  • Terms of Access

Get the latest news straight to your inbox

Checkpoint provides smart and creative insights in the form of useful tips, resources and relevant information. Each month we will send you the best updates so you stay informed.