LETTER: Labour code on vaccination is impractical
One provision may force an employer to keep an employee on the payroll
The department of employment & labour has put in place a code of good practice subsequent to the ending of the state of disaster. This code is an interpretation of the law and should be applied unless a court states otherwise, though users may depart from the non-obligatory provisions of the code in justifiable and appropriate circumstances.
However, the code states that “if the employer accepts the medical certificate or the employee is referred to a medical evaluation and that evaluation confirms that the employee has contraindications for vaccination, it must accommodate the employee in a position that does not require the employee to be vaccinated”.
The word “must” in that clause seems to denote that it is obligatory. That being the case, it might well force employers to keep employees on their payroll who have contraindications for vaccination and they cannot accommodate in the workforce as a result.
However, this obligatory provision flies in the face of the Labour Relations Act (LRA), where employers are able to dismiss individuals for operational requirements if they can no longer perform the task for which they were employed. This code, and in particular this clause, is not practical and certainly can’t be implemented in certain circumstances.
Michael Bagraim
DA shadow deputy employment & labour minister
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