A new case concerning mandatory vaccination policies have legal experts scratching their heads.
A Labour Court judgment recently considered the lawfulness of an employer’s policy regulating how employees would be allowed to access work in the context of the Covid-19 pandemic, notes Webber Wentzel.
A major question stemming from this case was whether the admission policy constituted a mandatory vaccination policy. Whether even if an employer decides Covid-19 testing is an alternative to vaccination, can that employer require the employee to bear the costs of testing in the face of safety legislation generally and the BCEA; and
“If the policy is properly formulated and considered, it will probably pass Constitutional scrutiny.”“In this case, the employee said that she was unwilling to have the Covid-19 vaccination but would take a weekly test for Covid-19 if the employer paid for it. The employer was not willing to do so, and the employee was denied access to the premises,” said Webber Wentzel.
A third party then brought an urgent application seeking an order to declare the admission policy unlawful and to direct the employer to permit the employee to tender her services as outlined in her employment contract, Webber Wentzel said.
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