Deprecated: Required parameter $twitter_consumer_key follows optional parameter $time in /usr/www/users/fhalabgtbz/wp-content/plugins/codeless-framework/include/widgets/codeless_twitter.php on line 250 Deprecated: Required parameter $twitter_consumer_secret follows optional parameter $time in /usr/www/users/fhalabgtbz/wp-content/plugins/codeless-framework/include/widgets/codeless_twitter.php on line 250 Deprecated: Required parameter $parent follows optional parameter $field in /usr/www/users/fhalabgtbz/wp-content/plugins/codeless-framework/include/redux/inc/fields/codeless_import/codeless_import.php on line 15 THE COVID-19 VACCINATION IS HERE: BUT CAN YOUR EMPLOYER FORCE YOU TO BE VACCINATED PRIOR TO RETURNING TO THE WORKPLACE? - Frank Holland & Associates

THE COVID-19 VACCINATION IS HERE: BUT CAN YOUR EMPLOYER FORCE YOU TO BE VACCINATED PRIOR TO RETURNING TO THE WORKPLACE?

THE COVID-19 VACCINATION IS HERE: BUT CAN YOUR EMPLOYER FORCE YOU TO BE VACCINATED PRIOR TO RETURNING TO THE WORKPLACE?

“The vaccine” and the way in which it will be rolled out in South Africa has been a hot topic as we settle into 2021. It has given rise to the question of whether employers may force prospective or current employees to be vaccinated prior to returning to the workplace. South Africa has just peaked in its “second wave” of Covid-19 infections and workplace policies are therefore very relevant.

The Government’s view on the Covid-19 vaccine roll-out plan is to encourage vaccination, but current legislation does not make Covid-19 vaccination mandatory.

Against this background, should employers implement a policy requiring employees to be vaccinated, it would violate section 12 of the Constitution, which guarantees everyone’s right to bodily integrity. Furthermore, in terms of the National Health Act, 2003 medical treatment (which includes vaccination) may not be given to a user without the user’s consent.

 

This must also be viewed in the context of the Labour Relations Act and the Employment Equity Act, which prohibits employers from prejudicing an employee (or person seeking employment) for refusing to do something that the employer is not lawfully entitled to require them to do.

 

Thus, as a general principle, employees who refuse to be vaccinated may not be dismissed and, where such employees are unable to work remotely, should be allowed to return to the workplace subject to existing safe working practices, symptom monitoring and health protocols.

There may, however, be circumstances in which compulsory vaccination would be permissible, for example where not having a vaccination may create a serious risk to public health. Public health risks may also be triggered in workplaces where large numbers of people are served or may be impacted, such as retail operations, hospitals and food manufacturing operations.

An employer is required in terms of the Occupational Health and Safety Act, 1993 to provide and maintain a safe working environment; both for its employees, clients/customers and suppliers, and have the right to  prevent persons who have Covid-19 symptoms from entering its premises.

In conclusion, employers will have to balance the safety of their employees, clients, customers and suppliers with the rights of persons to bodily integrity and the right to consent to medical treatment.  For now, employers will have to encourage vaccination and continue to practice health protocols to prevent the spread of Covid-19, rather than make vaccination mandatory.

 

  • On February 25, 2021
  • 4 Comments

4 Comments

Futbol Exclusive Porno Kino At X- Fuck Online Sahypa 4
  • Oct 26 2022
Top teen porn categorized xnxx porn and you can find xxx videos, pro streaming xxx videos with pleasure porn watch. mom and boy porn mom and boy porno free porn mom.
Elmalı Davası kararına tepki gösteren
  • Oct 27 2022
Animal porno indir beleş araması için 348⭐ porno filmi listeniyor. En iyi animal porno indir beleş sikiş videoları 7DAK ile, kaliteli sikiş videoları, türkçe izlenme rekoru kıran seks izle. 7 338.389 Video. KATEGORİLER ARA CANLI CANLI. Animal Porno Indir Beleş Intense Creampie Sex Scene with Bunny Colby.
en iyi ödüllü xxx
  • Nov 19 2022
Çıtır liseli götten veriyor porno vıdeolarını ücretsiz izle. çıtır liseli götten veriyor sikiş filmleri oYoH ile izlenir, kesintisiz seks merkezi. OY KATEGORİLER VIDEO ARA. Çıtır Liseli Götten.
dicyclomine buy pharmacy europe
  • Nov 21 2022
One tablet 3 times each day; Dicycloverine hydrochloride Syrup is also available for use in this age group; Keep taking this medicine until your doctor tells you to stop. Do not stop taking dicycloverine just because you feel better. If you stop, your cramps or pain may come back. 4. Possible side effects.

Leave Reply

Your email address will not be published.