In a decision handed down in the South Australian Employment Tribunal it was confirmed that employers are responsible for compensating workers who become injured from a vaccine they were mandated to take, irrespective of whether the mandate was imposed by the employer alone, or from government public health orders.
Importantly, the ruling demonstrates that businesses continue to have a duty of care towards their employees on all matters related to their employment, even though workplace conditions are imposed upon the employer by governments. This is already well-established, however, as governments impose many health and safety standards, anti-discrimination standards, and other obligations onto employers.
This recent case will hopefully help to speed along recognition and compensation for workers who have suffered harms as a result of Covid vaccines they were required to take as a condition of being able to work in their jobs.
Details of this case have appeared in the print news:
- Canberra Daily: canberradaily.com.au/landmark-covid-vaccine-injury-win
- Daily Mail Australia: www.dailymail.co.uk/news/article-13023211/Covid-jab-legal-victory-Daniel-Shepherd.html
- ABC: www.abc.net.au/news/2024-01-31/sa-government-employee-wins-compensation-after-covid-vaccine/103408524
- news.com.au: www.news.com.au/finance/work/at-work/south-australia-state-government-employer-ordered-to-pay-compensation-to-public-servant-for-covid19-vaccine-injury/news-story/df4368a86fa40d1e786963ffccc25f97
- 9News: www.9news.com.au/national/adelaide-news-covid-vaccine-man-to-get-government-compensation-after-developing-heart-condition/55cc0fbf-4631-4cf0-b395-8c8b6c71a43f
- ABC Radio Adelaide Mornings: www.abc.net.au/listen/programs/adelaide-mornings/adelaide-mornings/103392082 (32m30s)
- CCH Pinpoint: pinpoint.cch.com.au/news/csh-da-filter!WKAP_TAL_YLEGWCNEWS_REFERENCE/legauUwknewsPartP27775/vaccination-injury-compensable-employment-a-significant-contributing-cause-to-pericarditis-sa
And full details of the case can be found on AustLII: www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html