Question:
In NSW, the public health order has been updated for early childhood workers to have both vaccines by 8 November.
I have one staff member that isn’t getting it and has no intentions of getting it.
I am just wondering what I do. Do I need to write a letter of termination? Or does she write a letter of resignation?
Is it even classed as termination?
Answer
Suppose the government mandates the public health order for early childhood workers to have both vaccines by 8 November, and you refuse to comply. In that case, the employer can terminate employment for not meeting the inherent requirements of the role.
There is case law out there to support the employer’s decision, but of course, there is still a process to follow.
Do you have access to or have already acquired a written policy on mandated vaccinations in your workplace?
If not, you can obtain one, for a fee, directly from our Human Resources & Industrial Relations team.
If you don’t wish to purchase, that’s fine, but you will still need some form of protection.