• Michael Wilson
    Did today's announcement of the traffic light system change your business plans?

    It has raised a few questions which will need some work.

    How will you undertake in person tertiary training for unvaccinated staff members?
    Do you have staff who attend trade events which will require vaccinations?
    Do you have internal awards nights etc with more than 50 people?
    Will your Christmas party be more than 50 people?

    These are not questions just for the year but going forward.
  • Steve H
    After a long and unlamented absence, the chill winds of Covid have reached the South Island. If you've been considering mandatory Covid vaccination, doubtless you'll be talking to an employment lawyer first, as a part of your due diligence, you'll want to read the Employment Relations Authority decision on the four Aviation Security Staff Vs CAA( 2021 NZERA 426)
  • Sandra Nieuwoudt
    Sorry to jump in with something different. There was a separate question on:
    How to decide what work requires a vaccinated employee - questions to consider when doing a risk assessment. Has anyone developed a template?
    I would like to know as well.
    Copy: Brendon Ward
  • Craig Marriott
    @Sandra Nieuwoudt the government are due to release a template soon as part of some updated health orders/regulations. The intention is that it will give some legal basis to a risk-based vaccination mandate, so that employers who use that tool to determine their risk have some legal support to their decision. I'm not sure of the legal instrument they will use, but it feels to me like it is intended to be used almost like an ACOP - if you use it properly, the courts will support your decision. From what I understand it will be made as simple as possible so that any size business can apply it without the need for specialist expertise, so don't expect anything sophisticated. This, of course, brings its own challenges in terms of robustness from a purist perspective.
  • Steve H
    Still unsure that your workers must be vaccinated if they work in an area where the Government has mandated that only vaccinated workers may be employed, then this High Court Decision clears the muddy waters of Bill Of Rights conflicts etc etc.

    Case name K, B, L, N & Ors v Minister of COVID-19 Response & Ors

    Citation [2021] NZHC 3012 8 November 2021

    Summary judgment Challenge to Order requiring Aviation Security Service employees to be vaccinated dismissed. Order was within empowering provision notwithstanding the provision made no reference to vaccination as it helped to minimise the risk of outbreak or spread of COVID-19. Order limited the applicants rights to refuse to undergo medical treatment, but this was demonstrably justified under the Bill of Rights as vaccination contributed to minimising the risk of outbreak or spread. The Minister had not failed to take into account relevant considerations, or made an irrational decision. The Court commented on the desirability of vaccination mandates being addressed by primary legislation.

    Judgement: https://www.courtsofnz.govt.nz/assets/Uploads/2021-NZHC-3012.pdf
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