Learnings from Johnston v Carroll: The Place of Human Rights in Legal Challenges to COVID-19 Vaccine Directions

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.