“She was happy, but this is probably just the start of things. She is not paid yet as per the award.”His firm had represented her on a pro bono basis and if the matter was taken to the labour court, it would be difficult for her to afford a legal representative, Masongo said.He said according to his experience, the review could take a year.contrast with a previous ruling by another commissioner relating to the same employer and the same mandatory vaccination policy.
Tshatshu, who produced medical certificates from doctors regarding her health, challenged the implementation of the policy. She argued that meetings were mostly being done remotely, she was given a laptop and worked alone in a boardroom and social distancing and other protocols were in place. She did not see the need for the vaccine mandate.
“A key takeaway from this award is that employers, regardless of the reason for the imposition of a mandatory vaccination policy in the workplace, must ensure that, in any dispute relating to the reasonableness of the policy, they are able to lead evidence regarding the justification of mandatory vaccination in the workplace.
“In this instance, Baroque Medical should have led evidence regarding their intolerance for absenteeism, which could have included evidence relating to the impact of past Covid-19 related absenteeism and/or the specialised nature of their work and their inability to staff posts in instances of absence.
“While this award will surely attract attention, it is not a foregone conclusion it will be followed by other commissioners.”National Employers Association of SA said it has always held the view that the directives and codes dealing with Covid-19 in the workplace were unconstitutional and, apart from infringing on the constitutional rights of employees, held serious liability risks for employers electing to implement a mandatory vaccination policy.
Source: Law Daily Report (lawdailyreport.net)
ALL companies will officially drop their mandatory vxccinations policies now.
I told that woman but what does Tshiamo know 🤔😹😹
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