01 Mar 2021 / 09:30 H. For representational purposes only. – REUTERSPIX
WITH the first phase of the National Covid-19 Immunisation Programme moving forward as scheduled, and the reopening of various economic sectors subject to strict standard operating procedures, corporations will now have to consider, especially from an employment law perspective, whether their employees must get the Covid-19 vaccine before they are allowed to return to the workplace. In essence, this consideration stems from the absence of any legislation compelling employers to ensure their employees are vaccinated.
The duty to provide a safe system of work vs the employee autonomy
The duty to provide a safe system of work is codified under section 1(1) of the Occupational Health and Safety Act 1994 (OSHA 1994) which imposes a duty on employers to ensure the safety, health and welfare of their employees.