COVID and the Workplace Alert
On Friday 15th October the Supreme Court of NSW dismissed two sets of proceedings. They were commenced by workers who alleged that the mandatory vaccination requirement for essential workers subject of public health orders was unlawful for a number of reasons. Such reasons included the unlawful interference with personal freedoms and bodily integrity.
Author: James Welch
18 October 2021
The Court found that it was not unreasonable for Mr Hazzard MP to exercise his powers in the way that led to the public health orders.
These decisions show that the Courts are likely to construe the public health orders in line with the purposes and objectives of the Public Health Act. That is, whether a situation has arisen that is, or is likely to be, a risk to public health.
Whilst exceptions may exist, and all cases will be determined on their own specific facts and circumstances, it is likely that future similar challenges will fail.
As employers, managing your workforce through the minefield of what is allowed by some laws and prohibited by other laws requires careful consideration and well informed advice. The team at ALG are ready to bridge that gap. Contact us today on 02 4220 7100, or email lawyers@alg.com.au
