Young v Port of Tauranga Ltd

Stuart Young worked as a tug engineer at Port of Tauranga Ltd, a major New Zealand port. His job involved maintaining tugs and working closely with other crew members. In 2021, the government introduced COVID-19 vaccination orders for border workers, including those at affected ports like Tauranga.

Mr Young was unvaccinated and presented a certificate from his doctor claiming exemption. However, the exemption process changed, requiring approval from the Director-General of Health. The Port decided all employees must be vaccinated from January 2022. Mr Young was dismissed and challenged the decision, arguing it was unfair.

The Employment Court examined whether Mr Young’s dismissal was justified under the Employment Relations Act and the COVID-19 vaccination order. The Court focused on three issues: whether Mr Young’s role was covered by the order, whether he had a valid exemption, and whether the Port’s process was fair and reasonable.

The Court found that Mr Young was an affected person under the order, his exemption was not valid under the updated rules, and the Port followed a fair process. The dismissal was justified because the Port complied with the government order and considered redeployment options.

If your business is subject to a government vaccination order, you must apply it to affected roles. Check whether employees claiming exemptions meet the official requirements. You are not required to seek exemptions or conduct risk assessments beyond what the order requires.

Consider redeployment if possible, but you do not have to redeploy if it is not feasible or permitted by your policies. Document your process and decisions to show you acted fairly and reasonably.

Employers should regularly review government orders and update workplace policies accordingly. When an employee claims an exemption, verify its validity and ensure it follows the official process. If redeployment is considered, assess operational needs and document any alternatives offered.

Keep clear records of communications, decisions, and the reasoning behind actions taken. This helps demonstrate compliance and fairness if a dispute arises.

This case involved the COVID-19 Public Health Response (Vaccinations) Order 2021 and its amendments, which set vaccination requirements for border workers. The Employment Relations Act 2000 also applied, requiring employers to act as a fair and reasonable employer would in all circumstances.

Employers should check for updates to public health orders and employment law, as requirements may change over time. If unsure, seek advice from a legal or HR professional.