The Commission for Conciliation, Mediation and Arbitration (CCMA) recently presided and ruled over two unfair dismissal cases surrounding the matter of enforceable vaccine mandates in the workplace, says Katherine Timoney, attorney at Gillan and Veldhuizen.
“The findings of the CCMA, which is the first step in all labour-related disputes, could still be challenged by disgruntled parties or even public interest groups via the Labour Court and eventually, possibly the Constitutional Court,” she said.
Timoney explains that a vaccine mandate is not required in an employment contract itself, but would be set out in a company-wide policy document which would state as to who must be vaccinated and why, as well as outlining grounds for vaccine exemption. “The rights of the individual employee surrounding freedom of choice, bodily integrity, extending to the rights of the rest of the community, including members of the public, colleagues and anybody else that an employee may come into contact with during the course of his or her daily work.”
“There has been, as yet, only mild protest that this [adopting a no-vaccination-no-entry policy] violates freedom of choice… in my view this is the wrong question. The proper question is whether or not an individual is sufficiently civic minded to appreciate that a duty of care is owed to colleagues and others with whom contact is made to safeguard them from harm.
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