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Old 18th Oct 2021, 23:37
  #1004 (permalink)  
43Inches
 
Join Date: Oct 2007
Location: Aus
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https://www.victorianchamber.com.au/...le-or-unlawful

https://www.vgso.vic.gov.au/fair-wor...ons-workplaces

https://www.smh.com.au/business/work...27-p58v5a.html

3 cases upheld so far, 2 in Victoria, one in NSW. These are all carer positions which makes legal sense as 'vulnerable' citizens are at risk. Unfortunately for the airline anti vaxxers, airline ops would have exposure to the vulnerable as well so I don't see much change there.

The key lines used by the commissioners is that 'employees' are not forced to vaccinate, they have the choice, so no body integrity rights are infringed. In the case of restricting employment duties, the health act allows for restriction of movement to facilitate health safety, therefore restricting employment duties of those that don't comply with health based requirements is deemed lawful. If the company can not reasonably reassign you to alternative duties they may dismiss the employee. That is how the current laws are being interpreted. The only out is if you have a medical reason for not being vaccinated, you have to prove then the reason, and that the reason applies for all vaccine types. In all three cases the workers failed to prove they had any medical grounds and the dismissal was upheld. In the NSW case it was even evident that the commissioners felt that she could not conduct duties safely even with a medical exemption, so it would still have been upheld.

PS Health Acts have variation from state to state, so there may be some wiggle in other states.

Last edited by 43Inches; 18th Oct 2021 at 23:51.
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