Can employers mandate vaccination in workplaces?

COVID-19 vaccination is abuzz the world over, with some countries mandating requirements in various forms. New Zealand, for example, issued the Covid-19 Public Health Response (Vaccinations) Order 2021 to prohibit employers from allowing certain employees to work at certain places (for example quarantine facilities, airports, ports, and so on) unless they are vaccinated. Effectively, those who refuse or are unable to do so will be redeployed. This approach is not without its challenges.

In early May, a few days after the deadline, nine customs workers in New Zealand were sacked because ostensibly, alternative positions could not be found for them. There have been allegations of a lack of consultation amid the sacking. Italy has a similar policy for healthcare workers with those who refuse vaccination either being re-assigned to non-patient facing roles or, if not possible, suspension without pay. Such a drastic action has led to allegations of unconstitutional practice on the part of employers.

In Hong Kong, a similar approach was stymied before it even took off. A controversial proposal to require all foreign domestic workers to be quarantined before their contracts can be renewed drew complaints of discrimination and diplomatic backlash, forcing the government there to reconsider this policy, which was ostensibly to curb the emergence of mutant strains.