Government reveals employers' obligations in recalling past staff
New Zealand recently announced that it’s dropping its vaccine mandate on September 26. But should employers invite back their terminated employees?
"Employers are under no obligation to contact staff who have left work or had their employment terminated to see if they are interested in returning to work," answered the guidance published under Employment NZ. "Employers may, however, choose to do this."
According to the guidance, it’s expected that some employers not maintaining a vaccine mandate would want some of their former workers to return amid the tight labour market.
"However, there is no requirement for an employer to offer a former employee their job back or for a former employee to accept," it clarified.
On the other hand, can employees who lost their jobs due to the vaccine mandate return to their previous employer? The simple answer is no, according to the guidance.
"If someone's employment was terminated and this took effect while an employer vaccination requirement was in place, that decision still stands," read the guidance. "A former employee does not have a right to get their old job back, or any other role with their previous employer."
Employees, however, can still raise a personal grievance if they believe they were dismissed unjustifiably because of a vaccine mandate from their employer.
New Zealand decided to discontinue its vaccine mandate on September 26, citing a "well-vaccinated" population and low cases and hospitalisation rates. Prime Minister Jacinda Ardern, however, clarified that employers are still allowed to implement a vaccine mandate within their workplace.
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According to the guidance to employers, workplaces can still have a vaccine requirement that is "appropriate" based on a work health and safety risk assessment.
"Employers can complete a work health and safety risk assessment. This will allow them to determine what COVID-19 controls are appropriate, which could include implementing an employer vaccination requirement," read the guidance.
It advised employers to engage with staff in "good faith," adding that they should be clear on what their transition process will be.
"Employers should take care to follow a fair and reasonable process before making any decisions and work in good faith with employees and unions before deciding on any employment outcomes."