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Bosses DO have the power to force workers to take coronavirus vaccine as a 'reasonable direction' to protect their employees, legal experts argue

Bosses have the power to force their workers to get the Covid-19 vaccine under Australian labour laws, legal experts argue.

Barrister Ian Neil SC said employers may be able to use their 'lawful and reasonable direction' powers to order employees to get the jab to guarantee the safety and wellbeing of their colleagues.

'Do they have a positive obligation to require employees to be vaccinated once they become available to satisfy their obligations towards other employees?' Mr Neil said. 

Bosses could have the power to force their workers to get the Covid-19 vaccine under labour laws, experts say (pictured, the Moderna Covid-19 vaccine)

Bosses could have the power to force their workers to get the Covid-19 vaccine under labour laws, experts say (pictured, the Moderna Covid-19 vaccine)

The powers would also mean workers could be dismissed if they refused to get vaccinated, Sydney Morning Herald reported.

However, Mr Neil said the uniqueness of the Covid-19 pandemic meant this aspect of labour law had never before been tested in front of a court. 

The first batch of a Covid-19 vaccine is expected to reach Australian shores within days, approved in a few weeks, and rolled out next month.

Health care workers and people living in aged care will be among the first to receive the vaccine.

The Federal Government stopped short of making the jab mandatory and is holding talks with unions and businesses about the rollout.

RMIT University academic Anthony Forsyth said employers might hesitate to fire a worker if they refused the jab, as it could be taken as a violation of employee rights.

'They might argue discrimination on grounds of political or religious beliefs if dismissed by their employer for not getting vaccinated,' he said. 

A Queensland childcare centre introduced in June an infectious diseases policy that required its workers to receive a flu vaccination.

A worker was dismissed for refusing the flu jab before they took their complaint to the Fair Work Commission and claimed receiving a vaccine without consent was parallel to assault.

Health care workers and people living in aged care will be among the first to receive the vaccine (pictured, Western Australia nurse at Covid-19 clinical trial in April)

Health care workers and people living in aged care will be among the first to receive the vaccine (pictured, Western Australia nurse at Covid-19 clinical trial in April)

Then in November, Fair Work Commissioner Ingrid Asbury ruled it was 'at least... arguable' the centre had made the decision for the benefit and protection of the children.

Vaccinations have also been made mandatory in other parts of the country, including Victoria, where health workers are required to get the jab if they come into contact with patients.  

Epidemiologist Professor Raina MacIntyre said 'placing strong incentives to vaccinate can raise vaccination levels'.

'We had record levels of influenza vaccine this year, so I think achieving 70 per cent vaccination is feasible without coercive measures,' she said.

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