But one of the burning questions now is whether employers can require employees to get the Covid-19 vaccine. Employers cannot require existing employees who fall outside the scope of the Government’s directive to be vaccinated. Competing against these fundamental rights are the duties under the Health and Safety at Work Act. So is vaccination against Covid-19 required to discharge these duties? There is still a potential tension between the employer’s right to include preconditions before employing someone and the employee’s right not to be discriminated against if their reason for not vaccinating relates to one of the grounds under the Human Rights Act.

Source: Otago Daily Times September 03, 2021 16:30 UTC