Coronavirus: Bosses want clarity on staff jab rules

Business wants national cabinet to urgently advise employers whether they can direct staff to get a COVID-19 vaccine.

Business wants national cabinet to develop guidelines for employers to use when dealing with staff and the COVID-19 vaccine. Picture: Supplied

Business leaders want national cabinet to urgently advise employers whether they can direct staff to get a COVID-19 vaccine, amid fears there will be increased legal disputes if there are no guidelines.

With the first Australians expected to receive vaccinations from mid to late-February, concerns are mounting that employers will face unfair dismissal claims from workers sacked for refusing to get vaccinated.

The Council of Small Business Organisations Australia said the federal and state governments must work with the Fair Work Ombudsman, Human Rights Commission and other work, health and safety authorities to develop advice for businesses before the vaccine rollout begins.

“The vaccine creates serious ­issues for employers and employees due to the ethical requirements of society and the legal demands of workplace relations and occupational health and safety regulations,” COSBOA chief executive Peter Strong writes in Thursday’s The Australian.

“There will be situations in which employers will need to be able to stand down workers, without pay, who decline to access a COVID vaccine. There is the issue of vaccinated employees refusing to work with non-vaccinated employees. Where does the employer stand, legally and practicably, in that situation? Where does the employee stand?

“If a pregnant employee cannot access the vaccine and refuses to work with a person who refuses a vaccine, should she have to resign? Who has the rights?”

Australian Small Business and Family Enterprise Ombudsman Kate Carnell said it should be nat­ional cabinet’s role to co-ordinate national guidelines that are easy to understand and clarify what an employer can and can’t require of their employees.

Employers would need to consider if any employees should be excluded from a vaccination program, such as by pregnancy, other medical conditions or established religious beliefs on immunisation.

“The important issue is to make it incredibly clear that if a small business complies with health requirements with COVID, they will not be seen as ­liable if an employee catches COVID in the workplace,” Ms Carnell said.

“It is really hard in the small business space if it’s different (rules) in different states. The current vaccines don’t stop you getting it (the virus), they stop you getting sick. Even if your employees are vaccinated, it won’t necessarily mean they won’t be spreading it to people who won’t be vaccinated. The complexity of this is real but that means the guidelines have to be simple.”

Senior government sources confirmed the Attorney-­General’s and Health departments were working on vaccination guidelines or recommendations for high-risk employees in workplaces such as aged care, hotel quarantine and hospitals.

Federal cabinet will consider the advice before taking it to ­national cabinet within weeks.

It was unclear if guidelines for other sectors will be developed.

Scott Morrison has assured Australians that COVID-19 ­vaccines will not be mandatory.

Australian HR Institute chief executive Sarah McCann-­Bartlett said employers could face several issues, including whether they mandated vaccination with undue consideration, process and communi­cation and did not have fair grounds to do so.

As well as workplace health and safety obligations, tThere could also be organisational problems. “Employers may be seen by employees as being too heavy-handed on one side or not sufficiently considering the health of their employees. There might also be issues with organisational culture if there is a divide between different groups of employees,” Ms McCann-Bartlett said.

“Employers need to make sure if they are going to make a decision on mandatory vaccination, assuming we don’t get very specific guidance from government, that they make sure they have a very clear policy on vaccination for COVID-19. They should have a very good communication strategy, explain to their employees why they need to get the vaccine and talk about the alternatives for those who refuse.”

Several petitions have already been presented to federal parliament from members of the public requesting MPs “rejected mandatory coronavirus vaccinations” or “eliminate restrictions on those who refuse” a COVID-19 vaccine, which was signed by more than 20,000 people.