The current legislative framework in South Africa still states that employers are allowed to implement mandatory vaccination policies within the workplace, after conducting a risk assessment that is specific to the workplace.
This means that employers are allowed to conduct this assessment to decide whether they will implement the mandatory vaccination policy, which is seen as valid if there are factors that increase the chances of Covid-19 being a threat to the health and safety of all employees in the workplace. Employers are allowed to implement a mandatory vaccination policy if they have followed the correct protocol and concluded that is necessary and a reasonable safety measure to be taken. Any dismissal of an employee who does not comply with this policy will be accepted by the CCMA as a fair dismissal.
Many large companies in South Africa are dropping their compulsory vaccination policies since the mask mandate was lifted in June 2022. Two large financial institutions, Standard Bank and Old Mutual, have spoken out saying that they no longer make use of the mandatory vaccination policy as the majority of their workforce has already been vaccinated against the virus in previous months.
Many businesses are in agreement that the pandemic is now in a position where it is well-managed and better understood, therefore they believe that vaccination policies are no longer required or needed. The Congress of South African Trade Unions (COSATU) is wanting to challenge the mandatory vaccination policy in the country as they argue that we as a country cannot afford any more unnecessary job losses, and that our economy has been feeling the pressure.
The legalities around vaccination mandates are not very clear in South Africa. Since Covid-19 remains a hazardous biological agent, as stated in the new code, mandatory vaccination policies in the workplace will be seen as a reasonable and fair measure if taken to ensure the health and safety of all employees.
The below sources were used to write this article:
