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South Africa – Here’s how employers can deal with unvaccinated workers

By Carin Smith

  • It’s likely that the first cases about mandatory vaccine requirements will land in court soon, says an employment expert at law firm ENSAfrica.
  • In dealing with an unvaccinated employee, employers could probably first see if there is an alternative arrangement available for the employee where he or she does not have to be vaccinated – like working from home.
  • If that is not possible, then the employer could say it has to terminate the employment as the employee cannot contractually perform the requirements of his or her job.

South African employers may be able to terminate the employment of their unvaccinated staff on the grounds that the employee cannot contractually perform the requirements their jobs.

It’s likely that the first cases about the issue will start to land in court soon, as employees refuse to comply with mandatory vaccine requirements, says Irvin Lawrence, an employment expert at law firm ENSAfrica.

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