A growing number of businesses in South Africa are weighing up the decision to continue with mandatory Covid vaccine policies or abandon them altogether.
This issue is currently governed by the ‘Code of Practice: Managing Exposure to SARS-COV-2 in the Workplace’, which took effect after the national state of disaster was brought to an end on 5 April, says Jacqui Reed, senior associate at Herbert Smith Freehills.
“If the risk assessment indicates that it would be appropriate to implement a mandatory vaccination policy, then the employer is obliged to consult with the relevant stakeholders,” she said. “Employers are permitted to introduce policies and procedures in accordance with their operational requirements and doing so does not constitute a change to an employee’s terms and conditions of employment.
There have been employees who have been dismissed for refusing to comply with a mandatory vaccination policy. The employer may need to be able to distinguish those employees and circumstances from current circumstances in the event that further disputes arise;