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[EXPLAINED] Can your employer force you to take a Covid-19 vaccine?

25 January 2021 6:49 PM
Tags:
The Money Show
Labour law
Bruce Whitfield
Vaccination
COVID-19
covid-19 in south africa
COVID-19 vaccine
Covid-19 vaccination
Covid-19 vaccine rollout
Covid-19 vaccines
Danie Pretorius
Fluxmans

Can employers make it compulsory for employees to get vaccinated against Covid-19? A labour lawyer explains on The Money Show.
  • Can South African employers impose mandatory vaccination against Covid-19?

  • How should workplaces deal with employees who refuse vaccination?

Photo by Tima Miroshnichenko from Pexels.

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South Africa has no compulsory vaccination policy, and the Constitution states “… everyone has the right to bodily and psychological integrity, which includes the right to security in and control over their body…”.

The Constitution, however, does limit this right to control to the extent that it is “reasonable and justifiable in an open democratic society based on human dignity, equality and freedom”.

Furthermore, it explicitly protects “the right to life”.

To complicate matters further, all employers are obliged by law to ensure a safe workplace.

The Money Show’s Bruce Whitfield asked labour lawyer Danie Pretorius, Director at Fluxmans, for a legal opinion.

It’s a difficult question… I think it’ll be decided by the Constitutional Court…

Danie Pretorius, Director - Fluxmans

The rights of the employers should trump the individual… my view is that you would be able to insist on vaccination… There are a variety of options such as the lockout remedy…

Danie Pretorius, Director - Fluxmans

I suspect that if there is this Constitutional challenge [employers mandating vaccination] … they will seek a recusal [of Justice Mogoeng Mogoeng] …

Danie Pretorius, Director - Fluxmans

Listen to the interview in the audio below.


This article first appeared on CapeTalk : [EXPLAINED] Can your employer force you to take a Covid-19 vaccine?




25 January 2021 6:49 PM
Tags:
The Money Show
Labour law
Bruce Whitfield
Vaccination
COVID-19
covid-19 in south africa
COVID-19 vaccine
Covid-19 vaccination
Covid-19 vaccine rollout
Covid-19 vaccines
Danie Pretorius
Fluxmans

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