Diary of a DMS Guy

Every now and then I like to hit a controversial topic head on.

It's one that I've had a large discussion on in the past week and relates to a couple of items. Firstly, IKEA deciding to treat Sick Pay Levels differently for Vaccinated and Unvaccinated people. Secondly, the complete farce that has become the Australian Open and the Australian Border Policies as well as how they have been implemented.

I realise before I write that I'm in danger of being both controversial and having opposing views on the subject.

Let me get one thing out of the way to start with. As far as an individual is concerned I fully support Article 7 of the International Covenant on Civil and Political Rights which very clearly states : -

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

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However, I'm also a big studier of statistics, and it's very clear to me that the unvaccinated pose a great risk to both themselves (which is their right!) and to others. It is clear that they are more likely to suffer from COVID, more likely to be hospitalised or incapacitated from a work perspective than a similar non-vaccinated individual.

So, therefore it's right that IKEA pay less sick pay to unvaccinated people who take time off due to COVID than those that are vaccinated.

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NO!

From an employment perspective, it's also a right that you should not discriminate - based on age, gender, sexuality, disability or the like. I believe this extends to Vaccination status. An unvaccinated person can do a job equally well as a vaccinated one, so as employers we should not discriminate on this basis.

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Should we even ask ? 

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We should not even - in my opinion - have the ability to even ask the vaccination status of an employee.

So, as employers we are required to provide a safe workplace no matter your vaccination status.

There is however, a precedent for NHS and Care Home Workers where it has been deemed that certain positions require staff to be fully vaccinated.. I have to be honest and say that I'm not sure what to think about this as it clearly gives someone the choice of getting vaccinated or losing their job.
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What about Immigration ?

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But what about Tennis?! Novak Djokovic was refused entry to Australia because he allegedly didn't meet the criteria for entry. There are two issues highlighted here - the first being did he actually meet the requirements to be able to be given a visa and allowed entry. Very arguably, and subsequently proven in court that he did (though at the time of writing it has become a political issue and his new right to gain a visa may yet be politically revoked).  I won't get into the politics.

The second issue being whether it is right that Australia should require a vaccine or immunity due to recent infection as a condition of entry.

Judging by my previous stance you might think that I disagree with the position Australia (and it is likely that other countries) is taking. Here, I'm less sure. It is reasonable and a well set precedent that Visa requirements do not necessarily violate human rights (for example many countries refuse entry for a criminal record) and on the same basis I'm happy that Australia can apply vaccination, immunity or a medical exemption as a pre-requisite for entry - providing it applies it universally and without any other discrimination.

My head hurts when I then think of cabin crew for International Flights! Under my first statement, they should be employed no matter what their vaccination status, but by my second, there may be some countries that they can't enter because of that.

This then raises the question whether an airline has the requirement to continue employment, but only deploy these members of staff to countries that they are allowed, or whether this is right to discipline and ultimately dismiss.

I'd go for the second.

The conclusion I'd have to come to is that this is a massively complex issue, both domestically and internationally and there is clearly lots of money to be made by the legal profession in setting the legal precedents required to sort it all out.

Until then, I'll be pragmatic and treat everyone at work as if they're unvaccinated and to answer the question in the headline, I won't even be asking for people's vaccination status let alone acting on it.
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It may well be though, that my opinion changes as this develops over the coming months and maybe years.

I wonder what other people's thought's are ?