Suva lawyer, Jon Apted believes the alternative option for employers who do not want to force people to vaccinate as a condition of their employment is the possibility of working from home or putting people on leave, pending a legal challenge.
He highlighted this during Fiji Law Society’s Discussion on the ‘No Jab, No Job’ policy titled ‘To Jab or Not To Jab: ethical, legal and practical considerations of mandatory vaccinations in Fiji’.
Apted says employers can allow their employees to work from home if the job is such that they can do so indefinitely.
He says the challenge for those who want to allow people to work from home is that it will only work for so long as that the worker can work exclusively at home.
Apted adds if their job requires them to go anywhere else for the purposes of their work they will be caught under these regulations.
Meanwhile, international human rights lawyer, Imrana Jalal says apart from these options, theoretically, a group of employers can challenge the Government on the ‘No Jab No Job’ regulation in court, however, she believes the court would uphold it.
