The Department of Employment and Labour has gazetted the Code of Practice for managing exposure to Covid-19. This code will come into effect on the day that the State of Disaster ends and the purpose of this Code is to guide employers and employees in managing exposure to SARS-CoV-2 in the workplace by providing guidance to employers and employees in – ‘
While much of what is in the Code is similar to the Occupational Health and Safety Guidelines published by the Department in May 2021, what is new is the sections dealing with vaccination. This sections states:
This seems to answer many of the questions raised by our clients with regard to being able to make vaccinations mandatory and how this should be implemented. There have been several recent cases both at Labour Court and in the CCMA which have ruled that making vaccinations mandatory is fair and that where an employee refuses to be vaccinated and cannot be accommodated that it is then fair to dismiss them following the retrenchment process outlined in section 189.