Workplace covid vaccination guidelines – legal advice

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By Dave Kelly

Auckland law firm Buddle Findlay has produced a flow chart for employers on who should be vaccinated.

The firm states that if an employee does not get vaccinated, termination cannot be considered until all other reasonable alternatives, which would not lead to termination of their employment, have been exhausted.

The company says: “Accordingly, the employer must consider all such alternatives, including whether changes can be made to the employer’s operations or the employee’s role to allow them to work unvaccinated, whether there are any redeployment opportunities in the business, or (if relevant) whether the third party could accommodate the unvaccinated employee.

“In considering any reasonable alternatives, employers must continue to act fairly and reasonably in all the circumstances, and in good faith.

“Therefore, the employer should consult with the employee as they explore such alternatives and advise them of the possible termination of their employment. They should also be told of their right to involve a support person or representative in the process.”

As always, when it comes to matters of law and employment, seek independent legal advice.

You can download the Buddle Findlay flow chart and legal advice here.

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