Compulsory vaccination in the workplace unlawful, says Solidarity
- Published on 10 Feb 2021
- HR Pulse News Desk
Trade union Solidarity has made available a comprehensive legal opinion obtained from external legal counsel which shows that any unilateral decision to make vaccination compulsory in the workplace would be unlawful. Certain proponents of compulsory workplace vaccination have contended that the employer has such right in terms of the Occupational Health and Safety Act.
But, Dr Dirk Hermann, Solidarity chief executive, explained: After having been overwhelmed by enquiries about compulsory vaccination in the workplace we obtained legal opinion.
According to this opinion the benefit of choice will vest strongly with an employee. It is simply unlawful for an employer to compel an employee to be vaccinated, and it can even be argued that both in terms of Criminal and Constitutional Law it infringes on each individual’s personal right to bodily integrity. We will not hesitate to protect our members with the full might of the law should employers take such drastic decisions.”
The union has embarked on a comprehensive process among its members to obtain a mandate to dispute any such blanket resolution from employers making vaccination compulsory.
Source: SA Labour News
