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The COVID-19 pandemic continues to ravage society. For the greater part of 2020, economies were brought to a standstill and lives were lost to the virus. In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible?
Employers management prerogative to enact measures to keep workplaces safe
Employers have a management prerogative to require employees to be healthy and fit to work. This is pursuant to the principle that employers are free to regulate, according to their discretion and best business judgement, all aspects of employment – from hiring to firing – except in cases of unlawful discrimination or those which may be provided by law.(1)