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Covid-19 Information & Resources

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At HHG Legal Group, we take the welfare and wellbeing of our employees and clients seriously. It is a priority of HHG Legal Group to ensure our people are safe, feel supported and kept informed.

Here you will find all of our latest COVID-19 insights and key contacts listed below.

Our COVID Response Team are on-hand to provide legal advice and representation throughout these challenging times.

– COVID-19 Business Checklist
– Mandatory Vaccination – Legal Update

Updated 17 June 2022

 

FAQ’s

Can individuals get exemptions?

Depending on your occupation individuals may be eligible for an exemption. Potential grounds of exemption include a medical exemption, a temporary exemption or an exemption in the performance of a specific duty.

What happens if an employee suffers injury or loss as a result of the vaccination?

The Federal Government is currently developing a claims scheme to compensate individuals who suffer a moderate to significant impact as a result of an adverse reaction to the vaccine.

The proposed scheme is only available to individuals who have been administered a vaccine approved by the Therapeutic Goods Administration (TGA).

Evidence requirements apply for making a claim under the scheme, which will cover the costs of injuries $5,000 and above.

What happens if an employee refuses to follow a direction to be vaccinated?

Businesses have an obligation to provide a safe workplace for employees and to comply with the law, including any Government directions. If an employee is not vaccinated by the relevant date, a business may choose to refuse an employee attendance at their workplace unless they have an approved exemption. Depending on the nature of work, the business can consider working from home arrangement or employing the person in an alternative role or work location. It should be noted that employees will not be paid if they are not able to work unless they are lawfully accessing annual, personal or long service leave. Employees cannot be forced to resign. In the event an employee can no longer perform their role, this may form the basis for termination or other disciplinary action.

Can employees make a claim against their employer if they are fired or put on unpaid leave?

If you are fired, stood down, forced to take leave or put on unpaid leave as a result of not being vaccinated the usual employment laws apply. You may have a legal claim depending on the circumstances of your employment, the unique requirements of your workplace and the nature of your dismissal.

Can persons claim discrimination on the basis of vaccine hesitancy?

Vaccination status in and of itself is not protected from discrimination. At this stage, businesses can choose to prohibit persons attending at their site if they’re not vaccinated (or for any other reason, provided it is not discriminatory). However, business should be careful about exercising this option as it might be indirect discrimination if the employee’s reason for not being vaccinated is protected. Businesses may wish to consider reasonable alternatives to vaccination such as masks and social distancing to protect their staff.

Can employers make vaccination mandatory even if they are not currently covered by a government directions?

Yes, businesses can introduce mandatory workplace vaccination policies even if they are not covered by government directions. Businesses will need to justify that any such policy is lawful and reasonable, such as for the protection of the health and safety of their staff. Businesses should also take into account whether other options are available and should be implemented such as masks, social distancing or working from home.

Supporting Western Australians for more than 100 years

“I highly recommend HHG Legal Group. Lisa Riley has provided the best legal advice.”

ANONYMOUS

“We are extremely pleased that Lisa Riley was recommended to us.  Lisa was very upfront with us as regards possible outcomes, kept us informed along the way, and successfully achieved the best possible outcome.  She was dogged in her pursuit of justice and we found her to be honest, helpful, caring, diligent, and very professional in all our dealings with her.

We would strongly recommend her (and her support team at HHG) to anyone needing to engage a top-quality criminal lawyer.”

WILLIAM AND HEATHER

Lisa Riley, I would like to thank you for all your help and support through this difficult and disappointing period in my life.

Your professionalism and supportive nature have been a welcome change and Alison and I are very appreciative of this, HHG is very lucky to have someone of your expertise and dedication working for them and we both can’t speak highly enough of you, I will be forever grateful to you and your company for all your help and kindness, I would highly recommend you and HHG to everyone who needs competent and professional legal representation.

Once again thank you so much.

ANONYMOUS

Dear Lisa,

Just a small note of gratitude for the phone call you gave me last Tuesday (11 July), in response to my legal query. I really appreciated the kindness you showed in reassuring me of my rights in our phone call, amongst other priorities. I am very appreciative of your time.

ANONYMOUS

Thanks so much, Lisa. Very happy! Your team is very professional.

ANONYMOUS

We have been working with Kim and HHG Legal, Bunbury on several matters. Kim is professional, approachable and knowledgeable; prompt to respond to a query with detailed information that is not only relevant to the matter in question, but also reassuring which instils confidence for us to continue working with Kim and HHG Legal, Bunbury.

FORREST PERSONNEL

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