ARTICLE · 05 OCTOBER 2021

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Can an employer mandate that employees be vaccinated

ClarkeKann Lawyers

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Mandated vaccines? ... it depends on the unique circumstances surrounding each workplace & whether it is lawful & reasonable.

AustraliaEmployment and HR

Alison Rees

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Key Takeaways

Whether employers can mandate vaccinations against COVID-19 for employees depends on the unique circumstances surrounding each workplace and whether it is lawful and reasonable.
The Fair Work Ombudsman (FWO) has set out guidance for employers to determine when a direction for employees to be vaccinated may be considered reasonable.
Other State and Federal laws such as anti-discrimination and privacy laws must still be adhered to when implementing a mandatory vaccine requirement in the workplace.
The legal principles in this area are rapidly developing.

Can employers make vaccines mandatory for employees?

There are three instances where an employer can direct an employee to get vaccinated:

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