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Can your boss force you to be vaccinated against Covid-19? Yes, she can. But…

21 June 2021 7:02 PM

The Money Show’s Bruce Whitfield interviews Deale Attorneys labour lawyer Patrick Deale.
  • Employers must attempt to accommodate employees who refuse vaccination against Covid-19

  • If there is no way to accommodate a worker, an employer with a reasonable vaccination policy may terminate employment based on “operational requirements” or on “incapacity grounds”


Image: © rfranca/ 123rf.com

Click here for all our Covid-19 articles in one place.


The Department of Labour requires companies to inform the government whether or not they intend to mandate vaccination against Covid-19.

Employees may refuse vaccination on religious or constitutional grounds, or for medical reasons.

Employers who require vaccination could potentially dismiss workers on the basis of operational requirements.

Certain employees may also face dismissal for “incapacity”, where they cannot perform their jobs properly without vaccination.

The Money Show’s Bruce Whitfield interviewed Deale Attorneys labour layer Patrick Deale (scroll up to listen – apologies for the poor sound quality).

If there is no way of accommodating them, they can take steps to terminate their services for operational reasons. Another way is to do it on incapacity grounds - that employee is making herself incapable of performing the work, because of the risk of infecting others…

Patrick Deale, labour lawyer - Deale Attorneys

If you have a reasonable mandatory vaccination policy, you can terminate employees who refuse…

Patrick Deale, labour lawyer - Deale Attorneys



21 June 2021 7:02 PM

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