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Note: Should you have a medical reason for not being vaccinated against Covid-19 and/or be concerned about termination of your employment being under consideration by your employer please contact NZNO for advice or support on 0800 28 38 48.

COVID-19 Public Health Response (Vaccinations) Order 2021

On 23 January 2022, the Government updated the COVID-19 Public Health Response (Vaccinations) Order to require people working in a variety of settings to receive booster doses of a COVID-19 vaccine (i.e. three doses in total for most people).

The following groups of NZNO members are covered by the Order:

  • Members working in managed isolation and quarantine facilities (MIQ), 
  • Members working in the health and disability sector, 
  • Members working in prisons, 
  • Members working at the border (e.g. ports and airports), 
  • Members working in the education sector (e.g. schools). 

Members working in MIQ, in the health and disability sector or at the border must receive their booster dose before the later of either:

  • 25 February 2022, or,
  • The date 183 days after the date on which they were fully vaccinated (for most people, when they received their second dose). 

Members working in prisons and the education sector must receive their booster dose before the later of either 

  • 1 March 2022, or,
  • The date 183 days after the date on which they were fully vaccinated (for most people, when they received their second dose). 

All NZNO members covered by the Order should have been fully vaccinated (two doses for most people) by 1 January 2022. 

NZNO supports the Government's policy of requiring health care workers to be vaccinated. Most health care workers are already vaccinated, and this Order provides reassurance and certainty to both health care workers and the public accessing health care services. 

The safety and wellbeing of health care workers is the key to overcoming the Covid-19 crisis and high levels of community vaccination help keep NZNO members safe. 

For clarity, a mandatory vaccination order simply means the Government has decided that Covid-19 vaccination is essential for people filling the affected roles. It does not mean that anyone is forced to get a vaccine.  

It is NZNO's view that members who are covered by the Order and decline the vaccine are potentially putting their jobs at risk. Being vaccinated has become a legal expectation of health care workers. Based on recent case law, NZNO does not see a wide range of options for members who choose not to be vaccinated for reasons other than any legal exemption.

Can I be dismissed if I decline to be vaccinated and do not have a verified health exemption?

NZNO considers that health employees who do not get vaccinated and are not exempt for medical reasons potentially run the risk of losing their jobs. The risk is even greater for workers covered by the mandatory vaccination order/s.

NZNO will work with employers and affected workers to ensure that those who cannot be vaccinated for a verified health exemption or choose not to be vaccinated for other reasons are offered reasonable information about vaccination and their options, and offered redeployment opportunities, if possible, to roles that have not been identified as vaccine essential. That could include a change of your role, hours of work or location.

However, it may be that if employees decline vaccination, and cannot be redeployed, employment in the existing role or with that employer is no longer appropriate.

Each case will need to be assessed on its own facts in deciding whether there are viable options to remain employed or whether termination of employment could be justifiable.

In addition, employers must still undertake a reasonable process when engaging with unvaccinated employees when encouraging those employees to be vaccinated and deciding on what consequences may flow from an employee not being vaccinated.

Employers must always be able to justify a dismissal and act fairly, reasonably and conduct any process in good faith.

A dismissal for a failure or refusal to be vaccinated is not necessarily an ‘at fault’ dismissal. Therefore, disciplinary meetings, warnings and other similar processes may not be appropriate as it is a change in the requirement of the role that may lead to the end of the employment. Meetings to discuss the issues for individual workers with their union’s support and employers clearly setting out their requirements and reasonable timeframes are likely to be part of a fair process.

However, for roles in health where an employer is bound by the mandatory vaccine order or has made a reasonable risk assessment and decided a role must be undertaken by a vaccinated person, a refusal to be vaccinated might be characterised as a failure to follow a reasonable and lawful instruction, in which case the usual fair dismissal processes should be adhered to.

Please also see the CTU COVID Response Policy.