A Win for Mandatory Vaccination: TM v Goldrush Group (GAJB 24054-21)
[{“type”:”text”,”content”:”It is important to draw attention to the context (the directions) in which the arbitration award was awarded. The directions task the employer who wishes to implement a mandatory vaccination policy (u201cthe policyu201d) to conduct a risk assessment to identify those employees who, by virtue of the risk of transmission through their work or their risk of being severely affected by Covid-19 due to age or combability, must be vaccinated. nnIn the process of developing the policy, the employer must educate employees on the benefits of vaccinations and advise them on their right to refuse based on their constitutional right to bodily integrity, right to freedom of religion, belief, and opinion or on medical grounds. nnIn the matter at hand, the employer implored the assistance of specialists ranging from virologists, advisors from the Human Rights Commission and traditional healers u2013 a process which took place over a period of three months. Upon the refusal of the employee to be vaccinated, the employer instituted an incapacity enquiry in terms of the Labour Relations Act and the chairperson concluded that the employee was permanently incapacitated as a result of their failure to be vaccinated.”,”position”:0,”id”:”tw1XlKsNYylpFsDX”}]