Unvaccinated employees can seek redress at the court if they are not rostered to work

Unvaccinated employees can seek redress at the court if they are not rostered to work

Attorney Martin George is warning employers that they could find themselves before the courts, if they fail to roster an unvaccinated employee.

He made the comment during an appearance on CNC3, where he was asked his views on the issue of two fast food businesses stating that workers must be vaccinated in order to return to work.

George said “while employers have not stated that unvaccinated workers will be fired, he said they are pressuring workers by not rostering them for work and if they don’t work they will not be paid.”

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He added that employers use the Occupational Health and Safety Act as a basis for insisting that workers be vaccinated to ensure a safe working environment for workers.

But, George noted that an employee can argue that it amounts to a fundamental change in his/her term of employment and they can seek redress at the court.

George pointed out that government has not yet made a clear decision on whether they are going to make vaccination mandatory, “because it is not an easy decision.”

He said “It will have those who will file Constitutional Motions. It will have those who will file applications for Judicial Review. They will claim constitutional rights are being infringed so it’s a very, very touchy subject in terms of Government intervention to say that you are going to legislate to vaccinate. So I think that’s why you see the Government is basically stepping gingerly around the issue, of course, it’s sending its signal as to what it will like because you heard from the prime minister himself—vaccinate to operate. Basically, he is trying to signal to persons, hey listen you need to be vaccinated in order to be able to function.”

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