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Vaccines: can bosses make staff take the jab?

Home Government & Municipal Vaccines: can bosses make staff take the jab?

THE COVID-19 vaccine debate has never been hotter. It has broken up families and friendships and, according to Nicol Myburgh, Head: HCM Business Unit at CRS Technologies, is now posing a very real threat to the stability of the workplace.

It’s also one that has slipped into a grey area where organisation and individual stand at an impasse as work from home becomes work from office and the vaccinated and the unvaccinated face a stand-off.

“This is a hot topic, especially now as employers start to enforce their own rules around vaccinated staff and safety. Technically, the constitution says that companies are not allowed to force employees to have the vaccination, and employees have the right to object to taking it,” said Myburgh.

“However, on the flip side, the Occupational Health and Safety Act makes the employer responsible for doing everything reasonable to keep staff safe in a safe workplace.”

This is a fine line and one that’s currently almost impossible to navigate, said Myburgh.

On one hand, the employee refused entry and work because they don’t have a vaccine is protected by law to choose what they will or will not do with their bodies. On the other, unvaccinated employees can pose a risk to the workplace and themselves.

In some cases, the balancing act is relatively easy to manage. If employees work in a space where others are at risk, such as an old age home, then their being vaccinated would be essential. In the average business, however, this is a fuzzier line.

“The other consideration that the business has is around the reasons why a person has objected to the vaccine. Is it a medical condition prohibiting them from taking it? Or is it because they think it contains a microchip?”

A related consideration is whether the employee can do their job remotely for the time being, or if they are unable to work without being on site. “They could wear a M95 mask, but that’s not ideal for everyone. An investigation will ultimately determine the risks.”

There is a likelihood that refusal to vaccinate may create an impossible situation for employee and employer. How this is resolved depends on the role, the reasons, the workplace and the situation. There are options that can be taken, such as dismissal for operational requirements, that are aligned with the law and protect both employee and company.

“This is, however, all theory right now because the laws haven’t been tested, the situation has not yet gone to court. The true impact of this debate on the workplace has yet to be determined, but we definitely live in interesting times.”

CRS Technologies is a provider of solutions and services to the growing human capital management industry, and an authorised South African distributor of the Engage suite of human resource and payroll products.

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