Can an employer mandate an employee to take the COVID-19 vaccine?
On Monday 22 February 2021, the national rollout of the COVID-19 vaccine commenced. While health workers and the elderly are the first categories set to be vaccinated, by the end of 2021, the Federal Government aims to have as many Australians inoculated as possible. Against this backdrop, a topical issue in employment law relates to whether an employer can mandate an employee to accept the COVID-19 vaccine. There are three ongoing cases before the Fair Work Commission related to the issue but we expect more important and precedential decisions soon. However, at present there is no case law that has dealt with this issue.
Overview of OSH obligations Under section 19 of the Occupational Safety and Health Act 1984, as far as is reasonably practicable, an employer is obliged to provide and maintain a safe working environment in which employees are not exposed to hazards and, where it’s not practicable to avoid the hazard, to provide adequate PPE at no cost to the employee.
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