Separation costs facing employers

THE EDITOR: In order to prevent the untimely deaths of many thousands of citizens, I am afraid that unless the Government steps in and, through legislation, makes it mandatory for all employees, everywhere, to have proof of being fully vaccinated against covid19, employers – the Government included – will have to meet the separation costs of terminating the employment of thousands of employees who refuse to be vaccinated, and thereby become entitled to separation payments for unilateral change of terms and conditions of employment contracts by employers.

It is a very difficult situation faced by all employers in the private and public sectors.

It is generally understood that on one hand employers have a legal responsibility to have and maintain a safe working environment. Having unvaccinated people at work creates an unsafe environment for all – customers included. And it makes employers potentially liable for serious costs.

On the other hand, vaccination against covid19 was not a term and condition of employment for any existing employees, therefore an employer can be found guilty of breaking the employment contract with an employee by unilaterally changing the terms and conditions by requiring vaccination to return to work.

But the overall objective of the health and safety of employees and customers and the general public at large is the national priority. So something has to be done.

Ideally employers, the Government included, could propose and unvaccinated employees may agree to a change in their contracts of employment making covid19 vaccination compulsory.

Of course employees are free not to agree. In which case the employer has a decision to make: how best to bring the employment relationship to an end. To put it bluntly, how much should each employee, who refuses to be vaccinated, be paid as a consequence of termination of employment.

This is the real cost that all employers in the public and private sectors face.

ASHTON S BRERETON

Champs Fleurs