New Law being introduced to Parliament
Venkat Raman
Auckland, October 27, 2021
The government has identified a range of businesses at which visiting customers would be obliged to show their Covid-19 Vaccination Certificates to obtain service.
These would include the hospitality sector- cafes, restaurants, takeaway and similar businesses at which customers have close contacts with the serving staff.
Minister for Workplace Relations and Safety Michael Wood said that he would shortly be introducing a new Law to Parliament that would spell out with clarity and simplify the assessment process for employers to follow when deciding whether they can require vaccination for different types of work.
Some inclusions and exceptions
While Vaccination Certificates will be optional at many work locations, the government will determine sectors which are deemed higher-risk settings which will entail such Certificates.
“Some places may not be able to introduce vaccination requirements to ensure that everyone can access basic services such as supermarkets and pharmacies,” Mr Wood said.
He said that non-vaccinated workers in roles requiring vaccination will be given a new four-week notice period to get vaccinated before employment can be terminated. Employers will be required to provide paid time off for workers to get vaccinated and will be required to keep records about workers’ vaccination status,” he said.
Mr Wood said that a range of measures has been in place since the pandemic hit our shores on February 28, 2020 to workplaces and workers.
“We have heard the calls from employers and employees to provide certainty on what roles need to be done by vaccinated workers under the Covid-19 Protection Framework. We are mandating vaccination for workers at businesses where customers need to show Covid-19 Vaccination Certificates to make those workplaces as safe as possible and give confidence to staff and customers,” he said.
Risk Assessment Process
According to Mr Wood, the enforcement of the law will be timed depending on when New Zealand moves to the Covid-19 Protection Framework.
He said that the government is working with the Council of Trade Unions and BusinessNZ to ensure that the guidance evolved is robust and business-ready.
“A number of businesses have already gone through a risk assessment process to mandate vaccinations at their workplace, but we have had calls from businesses and unions to make this process as clear as possible. Therefore, we will introduce a risk assessment process in law for employers to follow when deciding whether they can require vaccination for different types of work,” he said.
Employers seek clarity
Mr Wood that there are many businesses and employers who are not covered by Vaccine Certificates want greater clarity on whether they can mandate vaccines. This process will provide businesses with a clear and simplified legal framework to make decisions about requiring staff to be vaccinated or not.
“This risk assessment will build on the guidance provided by WorkSafe, with input from public health officials, business representatives and unions. It will cover factors like whether a workplace involves interaction with customers. This new process will not override risk assessments that businesses have already done under the existing health and safety guidelines,” he said.
Mr Wood said that the changes will raise questions on what happens when mandated employees refuse to get vaccinated. To provide clarity, a new four-week notice period will apply if their employment is terminated if they choose not to be vaccinated and their work requires it.
“Our law change will require a minimum of four weeks’ paid notice for any employee who loses their job because they are not vaccinated. This change will only apply to employees who do not have a notice period, or whose notice periods are shorter than four weeks. Most employees will have notice periods in their employment agreement. Employers will also be required to keep records about workers’ vaccination status. The Ministry of Business, Innovation and Employment will work with the Office of the Privacy Commissioner to provide practical guidance on how to ensure workers’ records are handled appropriately,’ Mr Wood said.
