A brave paramedic whose employment has been terminated due to the policy of the employer that goes beyond the Government mandates. In the Government Mandate, being the WA Direction, an exemption was provided for paramedics to attend Residential Aged Care Facilities. The Employer distorted that direction alleging that there are four classifications of emergencies, and then; sought to instead rely on St John Ambulance Vaccination Policy to back up his argument that Occupational Health & Safety requirements allow them to mandate the influenza vaccination.
Our brave paramedic has given us permission to share the submissions with a view to assist the Australian public with their individual fights against their employers, and signal to all the employers that it is simply unlawful and unreasonable to mandate any medical interventions including vaccinations. The submissions are linked here: While the example in this case applies in Western Australia, it is equally applicable to all other States and Territories in Australia.
Outside of this present case; we also believe that delegated ministerial orders, have no power to mandate vaccinations either, as the federal Biosecurity Act 2015, has very strict conditions around imposing any medical treatment, and retains and protects the right of informed consent.
However, where employers go beyond Government Mandates and take the law into their own hands, we say that medical interventions are not covered within the scope of the Occupational Health & Safety (OHS) legislation and regulations, and/or Work Health and Safety (WHS) legislation and regulations, and the enterprise agreements and/or awards; nor can it constitute legitimate contractual expectation.
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