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[EXPLAINED] Can your employer force you to take a Covid-19 vaccine?
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Can South African employers impose mandatory vaccination against Covid-19?
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How should workplaces deal with employees who refuse vaccination?
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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?
Copyright : Free for commercial use. No attribution required.Source : https://www.pexels.com/photo/people-working-in-a-call-center-5453837/
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