Businesses keen to advertise that all staff members are fully vaccinated will have to be careful not to breach privacy rules.
Industry bodies agree that promoting full workforce vaccination may well have commercial advantages for close contact services such as hairdressers and beauty salons, as well as for hospitality outlets and tradespeople working in clients’ homes.
But they also warn it is a tricky area that requires careful handling because employers need workers’ consent to disclose their vaccination status.
Owner of Christchurch’s Red Electrical Scott Aldridge expects some homeowners will request fully vaccinated electricians, especially if, like him, they have children under 12 who are ineligible for the Covid-19 jab.
“I’m more than confident it’s going to become a selling point for a lot of people,” Aldridge said, but he is mindful of respecting privacy laws around disclosure of personal information.
According to the Employment NZ website, employers cannot require any individual to be vaccinated, although they can insist that certain jobs be done by vaccinated workers where there is a high risk of contracting and transmitting Covid-19 to others.
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Requiring Pfizer shots in order to promote a workplace as being fully vaccinated would not meet the health and safety criteria.
“This would amount to requiring workers to undergo a form of medical treatment solely for a marketing benefit,” the website said.
Employment law specialist Susan Hornsby-Geluk said if employees agreed, there was no reason why a business could not use the fact that most or all workers were vaccinated as part of its marketing.
“If they [workers] have not consented, making such statements may breach their privacy, particularly in small workplaces where individuals are identifiable.”
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If customers specifically asked a whether staff were vaccinated, the business would also need employees’ consent before responding, Hornsby-Geluk said.
The Unite union represents workers in fast food chains, hotels and casinos, and national secretary John Crocker said he was “not that comfortable” with businesses going down the promotional route because of the potential pressure on staff to fall into line.
“You can end up with someone who doesn't want to be vaccinated, who can’t be [for medical reasons], or who has, but doesn't want their medical information shared.”