Supreme Court: PPA's indirect vaccination requirement was proportionate

The Supreme Court dismissed an appeal by a police officer who was fired during the coronavirus pandemic for refusing to get vaccinated. However, the court conceded that vaccine refusers should not have been automatically fired.
In November 2021, an order introduced by the director general of the Police and Border Guard Board (PPA) requested proof of vaccination against coronavirus or immunity. The agency said those who could not provide evidence would have their contracts terminated.
The officer who appealed to the court was fired in December 2021. They argued the indirect vaccination requirement and his dismissal from service were unlawful.
The Supreme Court did not agree and said the requirement could be established in the Occupational Health and Safety Act, taking into account a risk analysis.
However, it said, this did not mean that failure to comply with the requirement should have resulted in an automatic discharge from service.
The court found exceptional circumstances should have been taken into account where necessary. However, the officer did not submit evidence of exceptional circumstances either.
It also said, that although there were signs the pandemic was easing in December 2021, it would have been premature to conclude that coronavirus posed no threat to the health of police officers in the coming months, or that there was no need to involve them in crisis management instead of their normal work.
Therefore, the Administrative Board of the Supreme Court found the dismissal proportionate.
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Editor: Mirjam Mäekivi, Helen Wright