COVIDSafe App and Employment

Posted on.
By Watkins Tapsell.

Employers cannot force employees to install the COVIDSafe app.  The Privacy Amendment (Public Health Contact Information) Act 2020 protects employees and makes it an offence to treat an employee adversely for reasons related to their use or refusal to use the COVIDSafe app.

Breaches by employers could result in fines of up to $63,000 and five years goal time pursuant to this Act, but could also see other claims made by employees using the general protections provisions in the Fair Work Act.

The Act does not  limit the offence to employment but includes;

  • refusing entry into public places, 
  • refusing participation in an activity,
  • refusing to receive goods or services,
  • refusing to provide goods and services

on the basis of not downloading the COVIDSafe app or for not having the app in operation.

You can still refuse entry to your own personal residence on the basis of the COVIDSafe app not being installed. 

If you need any assistance with employment issues please contact our workplace law team.

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