Workers sacked under vaccine mandates won't have right to get jobs back

Monday, 12 September 2022

Health and disability workers who lost their jobs due to a requirement to get vaccinated against Covid-19 will not have a right to get them back when remaining mandates are lifted next month.

On Monday afternoon, Prime Minister Jacinda Ardern​ announced the Covid-19 traffic light system, which has been in place for more than two years, would be scrapped at 11.59pm.

All mask wearing requirements, except in health and aged care settings, would also be dropped at midnight and remaining vaccine mandates would end on September 26.

“The only current mandates were for health and disability workers, but with high vaccination rates now coupled with high numbers of people having had the virus itself, it is now safe for them to conclude,” she said.

**READ MORE:

* Council lifts vaccine mandates for Christchurch's public facilities, but not for staff

* Workers fired under business vaccine rules won't get jobs back after April 4

* Ministry of Education: Schools can still block unvaccinated teachers

**

“With the removal of the vaccination mandate, it will be at an employer’s discretion to decide if they require their workforce to be vaccinated.”

But under guidance issued to businesses, employees who were fired due to a previous vaccine requirement will not have a right to get their old job back.

“In the current tight labour market, we expect that some employers, who no longer maintain a vaccination requirement, may want workers to return if they still have suitable vacancies,” the WorkSafe guidance said.

“However, there is no requirement for an employer to offer a former employee their job back or for a former employee to accept.”

Employees would still be able to bring a personal grievance if they felt they had been unjustifiably dismissed or disadvantaged as a result of a decision their employer has made about vaccination.

Employers with their own vaccination policy in place should review their work health and safety risk assessment in light of public health advice and any other changes in the workplace.

“If there is no longer a vaccination requirement in place, employers are under no obligation to contact staff who have left work or had their employment terminated to see if they are interested in returning to work. Employers may, however, choose to do this,” the guidance said.

When hiring new staff, employers needed to be clear whether vaccination requirements applied or might apply in the future.

They could ask potential employees about their vaccination status and could specify vaccination was needed to start work.