Employees can refuse to get be vaccinated on constitutional grounds as part of their right to bodily integrity in section 12 and the right to freedom of religion, belief and opinion in section 13 of the constitution.
It must make that assessment taking into account the operational requirements of the workplace. This means the direction does not make the vaccinations mandatory, but every employer must take into account its general duties under the Occupational Health Safety Act to provide a working environment that is safe and without risk to the health of employees and other people who may be directly affected, and that they are not exposed to hazards to their health or safety.
After identifying employees who are required to be vaccinated, it must amend its plan to include the measures to implement the vaccination of those employees as and when Covid-19 vaccines become available to them, taking into account the guidelines set out in the direction.
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