Experts at commercial law firm Cliffe Dekker Hofmeyr have answered some pertinent questions for employers and staff alike ahead of the 2022 work year.Online work is a fast-growing trend. The digital revolution is driving new forms of employment facilitated by the various online platforms available. Remote and hybrid working arrangements allow employees to work from home and attend at the traditional workplace/office intermittently.
If the employees’ working arrangements including place of work are set out in the contract of employment, this may require that any change to the working arrangements be effected with the employees’ consent. Failure to secure consent could result in a unilateral change to the employees’ terms and conditions of employment.
The contract of employment may stipulate an employee’s place of work. If an employee unreasonably refuses to return to the stipulated place of work, then the employee may be in breach of the contract of employment and the employer may institute disciplinary action against The 21 day period within which an employer was required to conduct a risk assessment expired on 2 July 2021. However, there is no prohibition in the 11 June 2021 Directions to an employer implementing a mandatory vaccination policy beyond this date.
Allow employees to submit objections/application for exemption to being vaccinated based on Constitutional, religious or medical grounds;Provide employees with information on the risks of any serious side effects such as allergic reactions.
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