Скачать или смотреть 5 Things to Consider when Developing a COVID-19 Vaccination Policy

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Some State governments have imposed public health orders requiring certain types of employees to be vaccinated against COVID-19. The affected industries include police, quarantine, transportation, airports, health services and aged care employees.

I’m Kate Simpson from Aitken Legal.

Many of our clients are asking whether they can mandate vaccinations for their employees, and what a COVID-19 vaccination policy should look like.

Before directing employees to be vaccinated, we recommend you consider 5 key issues:

First, can you lawfully require employees to be vaccinated? This right might stem from a direction from the State government that requires employees in your industry to be vaccinated. If not, you may be able to issue a lawful and reasonable direction for employees to be vaccinated. This will depend on the specific circumstances that apply to your workplace. Before mandating a COVID-19 vaccination we recommend you seek employment law advice.

Second, consultation. If a modern award or enterprise agreement applies to your business, you will be required to meet the consultation requirements within. This means notifying employees of the proposed change, asking them to provide feedback, and considering any suggestions, concerns, or comments prior to implementation.

Third, time off to be vaccinated. Will you be providing paid time off for employees to be vaccinated? Also include some guidance for employees who might feel unwell after receiving the vaccination.

Fourth, how your business will deal with an employee’s refusal to be vaccinated. An employee may have a medical condition, religious or political belief that prevents them from being vaccinated. These issues can fall within the scope of anti-discrimination laws. You should assess objections on a case-by-case basis and offer alternative working arrangements where possible.

Fifth, dispute resolution. What process should employees follow if they disagree with the policy? It’s best for employers and employees to collaborate to find a workable solution to their individual workplaces. Request employees raise concerns directly with you before raising a dispute with any external body.

Aitken Legal strongly encourages employers to take specialist legal advice before making COVID19 vaccinations mandatory.

For advice or support in relation to a COVID-19 vaccination policy, contact Aitken Legal to speak with an experienced employment lawyer.

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