Organisations that implement a mandatory Covid-19 vaccination policy must do so on the basis of a risks assessment, and the risk assessment must consider the operational requirements of the workplace before employers can decide to implement a mandatory vaccination policy, law firm Cliffe Dekker Hofmeyr (CDH) employment law practice associate Kgodisho Phashe said during a briefing on labour laws to clients, partners and the media. While these requirements are set out in the workplace vaccination directive issued by Employment and Labour Minister Thulas Nxesi in June 2021, the Commission for Conciliation, Mediation and Arbitration (CCMA) has taken a strong stance on the matter of Covid-19 workplace protocols, especially when the rules are deemed reasonable, whether instituted by the employer or national rules, such as mandatory mask-wearing, he noted.
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