Is mandatory workplace vaccination constitutional? Is it even a fair workplace practice? These are questions being asked in many jurisdictions as employers try to ensure safe work environments. The issue is also beginning to filter into the court system, as those who do not want to be vaccinated challenge employers who have made vaccination mandatory.
In this case, between dismissed employee Theresa Mulderij and the Goldrush Group for which she had previously worked, the question that had to be decided was whether the company’s dismissal decision was ‘substantively fair, based on incapacity’ since the employee had refused to be vaccinated.