Can your boss force you to be vaccinated against Covid-19? Yes, she can. But…

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Kabous le Roux

39 days ago
Can your boss force you to be vaccinated against Covid-19? Yes, she can. But… Image: © rfranca/ 123rf.com

  • Employers must attempt to accommodate employees who refuse vaccination against Covid-19

  • If there is no way to accommodate a worker, an employer with a reasonable vaccination policy may terminate employment based on “operational requirements” or on “incapacity grounds”





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The Department of Labour requires companies to inform the government whether or not they intend to mandate vaccination against Covid-19.

Employees may refuse vaccination on religious or constitutional grounds, or for medical reasons.

Employers who require vaccination could potentially dismiss workers on the basis of operational requirements.

Certain employees may also face dismissal for “incapacity”, where they cannot perform their jobs properly without vaccination.

The Money Show’s Bruce Whitfield interviewed Deale Attorneys labour layer Patrick Deale (scroll up to listen – apologies for the poor sound quality).

If there is no way of accommodating them, they can take steps to terminate their services for operational reasons. Another way is to do it on incapacity grounds - that employee is making herself incapable of performing the work, because of the risk of infecting others…

Patrick Deale, labour lawyer - Deale Attorneys

If you have a reasonable mandatory vaccination policy, you can terminate employees who refuse…

Patrick Deale, labour lawyer - Deale Attorneys

This article first appeared on CapeTalk : Can your boss force you to be vaccinated against Covid-19? Yes, she can. But…

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