The results of COVID-19 may reach far past health: According to a contemporary e book released by legal agency Cliffe Dekker Hofmeyr, employers may neatly be given the staunch to brush aside workers who refuse to take the vaccine.
Can you be fired for refusing the vaccine?
The South African consultants brought out their eight-page e book to mandatory vaccine considerations at the start of February. They weigh up the implications of requiring staff to vaccinate across the board. Must employers pursue such a policy, all choices made relating to worker welfare ‘would have to be judged against the precept of reasonableness’:
“There are no legal restrictions on mandatory vaccine policies. The introduction of such policies will must level-headed be assessed against the precept of reasonableness. All objections must level-headed be regarded as on the facts of the case earlier than them, taking into account the evidence produced by the worker for his or her objection to obtaining the vaccine.”
“The objection of the worker must level-headed be balanced against the chance and impact of COVID-19 within the workplace, and the rights of all workers to a safe working setting. In repeat for dismissal to constitute discrimination, it would must level-headed be arbitrary, impair the honour of the worker – and the instruction to be vaccinated would must level-headed be deemed unreasonable.”
Cliffe Dekker Hofmeyr
Employer rights vs worker rights
Essentially, a legal accountability falls upon employers to maintain their staff safe. Must those in charge accept that COVID-19 poses ‘a real threat’ to health within the workplace, there would be legitimate grounds to roll-out a mandatory vaccine policy on a company-by-company basis. Nonetheless, an ‘anti-vaxxer’ worker would no longer be totally unvoiced on this scenario:
“For mandatory workplace vaccinations to constitute optimistic dismissal, the worker must indicate they had no possibility but to resign and that the vaccination policy of the employer rendered persisted employment intolerable and unreasonable. Nevertheless, an employer has a accountability to invent what is ‘practicable’ to be certain that the working setting is safe for all workers.”
“An employer may, therefore, rebut any objections [to a mandatory vaccine policy] by displaying that there would be undue hardship caused, which may be both financial or health-related – or that the COVID-19 pandemic constitutes ‘a real threat’ and thus, mandatory vaccinations wants to be enforced.”
Cliffe Dekker Hofmeyr
Is there any legal ground to avoid a mandatory workplace vaccine policy?
- – If the worker has a disability that makes them at chance of a negative reaction to the vaccination, that’s a solid certain
- – The Constitutional ‘staunch to life’ also covers your staunch to refuse medical treatment.
- – In India, you CAN refuse vaccine treatment on non secular grounds. Nevertheless it’s unclear if this may be the case in SA.
- – Whether or no longer an worker has been unfairly discriminated against will also count on whether all suitable alternatives had been regarded as – and must also take into consideration if the employer successfully regarded as the workers’s objections.