The legality of businesses pushing for vaccine mandates
Michael speaks with Nicholas Marouchak, Director at MKI Legal with experience in all aspects of employment law, workplace relations & unfair dismissal, regarding the legality of businesses pushing for a vaccine mandate.
The question of whether or not employers can mandate that their employees be vaccinated, has been the subject of a number of recent decisions by the Fair Work Commission, and is of increasing relevance as we move through the COVID-19 pandemic.
According to MKI Legal, your employer may require you to receive a vaccination. Whether or not this is a lawful and reasonable direction will depend on the industry.
Given the federal government’s recent announcement, a requirement to be vaccinated against COVID-19 will most certainly be a lawful and reasonable direction for workers in the aged care sector.
This doesn’t mean you will have to get a vaccine if you work in the aged care sector. In the absence of an accepted medical exemption, however, you may very well lose your job if you don’t. Further, should you pursue an unfair dismissal claim with the Fair Work Commission, given recent decisions, you may face some significant hurdles in establishing that your dismissal was harsh, unjust or unreasonable.
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