Explainer: New Labour Laws for Employees and Covid19 Vaccines
- Nedlac has reportedly spoken out about the law that employees who choose not take the Covid-19 vaccine should be terminated
- Nedlac believes that this should not result in termination, however, Business for South Africa revised the guidelines stating that guidance does not prevent termination
- A professional support lawyer stated that before an employees termination, employers would need to run a risk assessment of the workplace
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The National Economic Development and Labour Council (Nedlac) saw the government and the private sector coming together in agreement that employees who choose not to take the Covid-19 vaccine should not result in termination.
However last week, Business for South Africa (B4SA) addressed businesses to confirm that the revised guidance does not prevent employers from terminating the employment of those who reject the vaccine.
Following the statement made by Riola Kok, a professional support lawyer at law firm CDH's employment practice; prior to an employees termination or discussion of termination, employers need to initially run a risk assessment of their workplace to determine the category of employees that need to be vaccinated on a compulsory basis.
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High-risk employees
Kok stated that there are two prime reasons you could be eligible for dismissal for choosing not to be vaccinated namely if you are a high-risk employee and you cannot be accommodated in the workplace.
According to Kok, handling terminations on a case-by-case basis will evaluate the fairness of the dismissal and the employee's responsibility, work environment, the alternatives if any that they have provided and the bases of the objection.
Employees incapable of work
Reports by BusinessInsider revealed that employees are also permitted to be let go for incapacity in the event that an employee is incapable of carrying out the tasks required of them or due to medical conditions.
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In these specific circumstances, the company needs to help the worker in aiding in carrying out the functions of their job role.
According to Gov.za, the Consolidated OHS Direction now requests an employer to add into its risk assessment whether or not they will be making vaccinations mandatory.
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Covid-19 infections on the rise
Previously, Briefly News the World Health Organization Africa revealed that 43% of the continent's Covid-19 cases are from South Africa. The WHO addressed the surge in new cases on Thursday. Approximately 136 000 people in Africa have lost their lives to the virus.
Dr Matshidiso Moeti, WHO Regional Director, has encouraged countries to boost their handling of the Covid-19 pandemic. Moeti stated that the continent has seen a rise in cases that mirrored that of the peak of the first wave back in July last year.
CSIR Senior Researcher Ridhwaan Suliman stated that the increase in the number of deaths in Gauteng has risen to over 80% week on week. Dr Suliman added that the situation in Gauteng is a major concern.
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Source: Briefly News
