He listed examples such as the employee’s reason for refusal; whether the employee’s refusal amounts to a breach of their duties or has caused loss or damage to the company or other employees; whether the employee’s job function requires him/her to have regular and frequent physical interaction with third parties.
Van Geyzel said employers would have several options, when vaccinations are a precondition for operations but there are employees who refuse to get vaccinated. “Employers can also consider redesignating or redeploying the affected employees to other roles within the business which are not customer-facing and which may be exempted from the regulatory requirements,” he said.
He added that it can be argued that an employee is carrying out an act of insubordination by refusing to be vaccinated under the circumstances, as the employee is wilfully disobeying a lawful and reasonable order issued by the employer.
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