Labour Court makes first decision on employees refusing Covid-19 vaccine
Workers were dismissed during the pandemic if they refused the Covid-19 vaccine and could not show a negative Covid-19 test.
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Workers were dismissed during the pandemic if they refused the Covid-19 vaccine and could not show a negative Covid-19 test.
A recent CCMA finding concluded that an employer has no right to mandatory vaccination as this is the prerogative of the SA government.
On 4 April 2022, President Cyril Ramaphosa announced that the National State of Disaster would be lifted with effect from 00:00 on 5 April 2022. One of the effects of this is that the Code of Good Practice: Managing Exposure to SARS-COV-2 in the Workplace (Code) became effective on 5 April 2022.
Severe obligations remain, and will in future be enforced by the Labour Relations Act.
The SARS CoV2 virus that causes Covid-19 has been classified as a hazardous biological agent (HBA). The virus was added to the list of HBA's in the Hazardous Biological Agents Regulations promulgated on 16 March 2022 in terms of the Occupational Health and Safety Act No. 85 of 1993 (OHSA).