Your business may not fall under a Public Health Order mandating vaccination, and you may choose not to enforce one internally. However, in a society that increasingly requires proof of vaccination, how can you continue offsite or contract work if employees remain unvaccinated?
Many assume this issue doesn’t apply to them, but offsite work includes a wide range of tasks:
- Meetings in public spaces or other organisations’ premises
- Employees working across multiple internal and external sites
- Contractors visiting various establishments and residences
- Flight travel, conferences, training, and professional development
This is why a clear COVID-19 workplace vaccination policy is essential — even if your business doesn’t mandate vaccination.
Alternatives to Mandated Vaccination in the Workplace
If your business opts not to mandate vaccination, you’ll need to accommodate offsite work differently. This may involve:
- Prioritising offsite tasks for vaccinated employees
- Assigning alternative roles to unvaccinated staff
- Encouraging vaccinated employees to voluntarily provide proof of vaccination
However, without a mandate, employees are not obligated to comply with such requests. Your COVID-19 workplace vaccination policy should clarify expectations around offsite work eligibility.
Role-Based Vaccination Evidence: A Legal Path Forward
One alternative is requiring proof of vaccination status inherent to the job role. This isn’t a mandate—it’s a request for evidence that employees can meet the role’s requirements, such as regular offsite attendance.
If an employee cannot provide this evidence, they may be deemed unable to fulfil their contractual duties. In such cases, termination may be pursued in line with workplace policy and Fair Work Act compliance (assurancehr.com.au in Bing).
Employers must be aware of potential legal risks, including:
- Unfair dismissal claims
- Discrimination allegations
- Adverse action disputes
- Breach of contract concerns
When Vaccination Becomes a Role Requirement
If offsite work is essential to maintaining productivity, vaccination may become a necessary component of the role. This should be clearly outlined in job descriptions and supported by internal policy.
For guidance on managing employee roles and termination procedures, see our post on gross misconduct and termination (assurancehr.com.au in Bing).
HR Support for COVID-19 Workplace Vaccination Policy
The AHR Team has helped many businesses navigate COVID-19 workplace vaccination policy challenges. Our services include:
- Risk Assessments
- Conditions of Entry
- Company COVID-19 Directives
- Ongoing policy review to ensure compliance with privacy and anti-discrimination laws
For more information click here
📞 Call Assurance HR (assurancehr.com.au in Bing) on 1800 577 515 to discuss your business-specific needs.
