Labour lawyer gives the low-down on compulsory vaccinations
The recent ruling in favour of a company that dismissed an employee who refused to get vaccinated does not mean employers can now trample on workers’ rights, says labour attorney.
Employers should be very careful before they implement mandatory vaccinations in the workplace.
This is the message from Daleen Frey, an attorney specialising in labour law.
Frey, from the firm Christo Smith Attorneys in Mbombela, responded to a recent case in which the Commission for Conciliation, Mediation and Arbitration ruled in favour of a company that had fired a woman for refusing to be vaccinated.
WATCH: Labour attorney Daleen Frey talks to Izak du Plessis about mandatory vaccination policies in workplaces.
Commissioner Lungile Matshaka ruled that Theresa Mulderij’s dismissal by the Goldrush Group was ‘substantively fair’ and it was upheld.
The company implemented a mandatory vaccination policy in 2021, after due process was followed.
Mulderij, who was employed as a training officer, refused to be vaccinated and was subsequently dismissed.
“Employers, however, should understand that they are legally bound to a very specific process before they can enforce mandatory vaccinations and dismiss personnel on the grounds of refusing to be vaccinated,” says Frey.
According to Frey, Goldrush spent three months consulting with workers and their unions before implementing the policy.
Despite the ruling, Frey says employers who do not follow due process cannot and should not force employees to get vaccinated, or fire them if they do not comply.
A safe work environment for all
“On the other hand, employees should also take note that the law does not only protect their rights, but also those of employers, who have to ensure a safe working place for everyone in their service.”
Employees cannot just refuse to be vaccinated; they should apply for exemption in the workplace.
“Exemption will be considered on the grounds of bodily integrity and/or medical reasons,” says Frey.
She says people with medical grounds for refusing to vaccinate stand more chance of receiving exemption.
Frey says Mulderij applied for exemption in terms of bodily integrity, and that this did not weigh up sufficiently against the safety of the greater community.
