Can an employer force an employee to get the COVID-19 jab?

By Bianca Mazzarella
29 January 2021
When Prime Minister, Scott Morrison told 3AW radio station that the COVID-19 vaccine would be “as mandatory as you can make it” it left many wondering whether or not the government has the power to make the vaccine mandatory and if not, whether employers can make the vaccine mandatory for employees in the workplace.
This question is topical given recent discussions around the roll out of the Pfizer COVID-19 vaccine in Australia and the absence of Australian court rulings on the subject, given its unprecedented nature.
What power does the government have to implement a mandatory vaccine?
The Australian state and federal governments have the legal power to make the vaccine mandatory provided the vaccine is safe and approved, however, even if such emergency powers were passed in Parliament they would still be subject to exemptions and exceptions under the Therapeutic Goods Act (Cth) 1987.
How likely is it that the COVID-19 vaccine will be made mandatory by the Australian government?
The Australian government has already stated that the vaccine will not be made mandatory. In August 2020, Scott Morrison said “we can’t hold someone down and make them take it”.
Can an employer direct its employees to take the COVID-19 vaccine?
It may be lawful and reasonable for an employer to give its employees a direction to take the vaccine if they work with vulnerable persons (i.e aged care, hospitals and education sector). Employers in such sectors should have up to date workplace policies that detail expectations around preventing severe diseases and protecting the vulnerable in the workplace.
What if an employee refuses to take the vaccine?
Refusal to take the vaccine may result in an employer having no alternative but to stand an employee down if it is not practicable for the employee to work from home. However, this is a highly sensitive and unprecedented area and employers should obtain legal advice prior to making any decision which adversely effects an employee’s employment status.
You should contact a member of our Team if you would like advice in relation to when it is lawful and reasonable to request that employees receive the COVID-19 vaccine, what exemptions apply and whether or not it is lawful to take disciplinary action.
Related Articles
View AllWhen can I direct an employee to get the COVID-19 jab and what can I do if they refuse?

By Bianca Mazzarella
31 March 2021
Full Federal Court allows double dipping for casual employees

By Maddy Hearn
22 May 2020
Fair Work Commission amends 99 Awards during COVID-19 Pandemic

By Amy La Verde
16 April 2020
New industrial manslaughter laws are no laughing matter for employers

By Yoni Ungar
2 December 2019
What employers need to know when letting someone go

By Simon Abraham
19 February 2019
Dude, Where’s my Business? High Court Delivers Warning to Employees and Competitors who engage in Dishonest Conduct to Get Ahead in the Game

By Simon Abraham
16 November 2018
Does it Really Matter What You Call Your Employees? The Difference Between a Permanent and a Casual Employee.

By Simon Abraham
18 September 2018
September 2018 Newsletter
Are you complying with the Real Estate Industry Award? Don’t get caught out!

By Bianca Venten
4 July 2018
TLFC – Award Finalist for Law Firm of the Year (Medium Category)
First they came for the accountants…

By Simon Abraham
23 August 2017