Employers can’t require their employees to take vaccines against Covid 19, however, some may not be able to perform their jobs without them.
All employers in New Zealand have to provide a safe work environment without any health risks to their staff members under the Health and Safety at Work Act 2015. However, the New Zealand Bill of Rights Act 1990 points out that everyone has the right to choose whether they want to undergo any medical treatment. This points to the fact that employers cannot force their workers to receive the vaccine if they don’t want to.
On the other hand, there are a few circumstances where workers may not carry out their job unless they are vaccinated. In these situations, employers need to find a redeployment option, and if they are unable to do so, they still likely can’t dismiss their employees. According to Buckett Law, the solution to a situation like this is not clear, and the government should create appropriate legislation for workplaces.
If you find yourself in a situation like this as an employer, get in touch with Buckett Law. We can give specialist employment law advice and will help you find an appropriate solution.