Job complications over MIQ jabs

An employment lawyer is warning of possible job losses and legal action as the deadline for border workers to be vaccinated against Covid-19 looms.

All managed isolation and quarantine (MIQ) workers must be vaccinated by the end of April.

On Monday, Prime Minister Jacinda Ardern reiterated that unvaccinated workers in MIQ facilities would have to be moved onto other roles.

‘‘If there is not an option to redeploy [workers], it is up to the employer to work out what to do with them, but they cannot work in MIQ,’’ she said.

The move to redeploy unvaccinated staff ahead of the May 1 deadline comes after a security guard at a managed isolation hotel last week tested positive for the virus after missing two vaccine appointments.

National’s Covid-19 response spokesman, Chris Bishop, said border workers have had weeks to get vaccinated and those who aren’t immunised should be redeployed now.

‘‘I think the rule should be if you’re on the front-line working at the border you should be vaccinated and if you don’t want to be vaccinated then you can’t work on the front line.’’

Employment lawyer Bridget Smith said responsibility for managing MIQ workers ultimately lay with their employers.

‘‘Unless the Government makes it mandatory for companies to take particular action, the company will be left in a situation where it is trying its best to comply with the Government’s directions,’’ she said.

‘‘The prime minister seems to be referring euphemistically to those employees being ‘moved on’. I say euphemistically because it’s not clear what ‘moved on’ means. Does it mean moved on to another role or moved on out of employment?’’

While the obligation for employees would arguably be to redeploy, whether that was even possible would depend on their employer having a suitable role to move them to.

Smith told RNZ there was potential for people to lose their jobs and for legal action.

‘‘Particularly in the case of contracted workers where someone isn’t vaccinated and the company simply says, ‘well, we’re terminating your contract.’

‘‘It will come down to the termination provisions of that contract but if the company has a right to terminate on notice, then that’s what they will do.’’

Contractors whose employment was terminated because they were unvaccinated could potentially claim they had been discriminated against.

‘‘That’s going to depend on their reasons for not getting vaccinated and what the termination provisions of their contract are.’’

According to MBIE’s Employment New Zealand website, an employer cannot require an individual to be vaccinated but can require a specific role be performed by an unvaccinated person.

In those cases, the employer would need to find another role they could have the unvaccinated person perform, Smith said.

‘‘The other point is that employees shouldn’t be unfairly disadvantaged, so I would say that if an employee is being moved in those circumstances then they should have the same hours of work and rate of pay.’’

E tu¯ organiser Mat Danaher said that although the union agreed all workers should be vaccinated by May 1, any who had not and needed to be moved should not be penalised.