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2025 UNSWLJ Forum 1 (2025)

handle is hein.journals/unswform2025 and id is 1 raw text is: Learnings from Johnston v Carroll LEARNINGS FROM JOHNSTON V CARROLL: THE PLACE OF HUMAN RIGHTS IN LEGAL CHALLENGES TO COVID-19 VACCINE DIRECTIONS AMY THOMASSON* Both public and private employers introduced vaccine directions during the COVID-19 pandemic. Such directions either actively required employees to be vaccinated or provide proof that they had been vaccinated by a certain date in order to attend their place of work. In some instances, the employee could be subject to disciplinary action, including dismissal, if they did not comply with the directions. In a decision the first of its kind, Justice Martin of the Queensland Supreme Court decided in Johnston v Carroll (Johnston')' that certain of the state's COVID-19 vaccine directions for police force and ambulance service employees were unlawful. I INTRODUCTION Both public and private employers introduced vaccine directions during the COVID-19 pandemic. Such directions either: (1) required employees to be vaccinated as a condition of employment; or (2) required employees to provide proof that they had been vaccinated as a condition of access to their workplace (commonly referred to as a 'Site Access Requirement').2 In some instances, the employee could be subject to disciplinary action, including dismissal,3 for non- compliance. In a decision the first of its kind, Justice Martin of the Queensland Supreme Court decided in Johnston v Carroll ('Johnston')4 that some ofthe State's COVID-19 vaccine directions for police force and ambulance service employees were unlawful. * Associate Lecturer, University of Western Australia Law School. (2024) 329 IR 365 ('Johnston'). 2 Construction, Forestry, Maritime, Mining and Energy Union v MtArthur Coal Pty Ltd (2021) 310 IR 399, 407 [5] (Ross P, Catanzariti V-P, Saunders DP, Commissioners O'Neill and Matheson) ('CFMEU'). 3 See, eg, Falconer v Commissioner ofPolice [No 2] [2024] WASCA 47 ('Falconer'). 4 Johnston (n 1). [20251 No 1 1

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