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10 steps before considering dismissal for vaccine refusal

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As Vaccine resistance continues in South Africa firing employees for refusing the vaccine has to be a systematic process with due regards for the law. Here are the steps to be followed when firing an employee for refusal of vaccine.

1. Perform a Covid-19 risk assessment

This will determine whether a mandatory vaccination policy is necessary and to identify employees who work in situations where:

  • The risk of transmission is high due to the nature of their work.
  • The risk for severe Covid-19 or death is high due to an employee’s age or comorbidities.

2. Develop a vaccination plan or adjust your existing Covid-19 plan

3. Educate employees about vaccines and provide them with more information

Relevant information can be found in the vaccine FAQ section of the NICD’s website.

4. Assist employees with registering for vaccination on the EVDS portal

Registering on the health department’s Electronic Vaccination Database System (EVDS) allow South Africans to book a time and select the vaccination site where they would like to receive their vaccine.

5. Give employees paid time off to be vaccinated

If you implement a mandatory vaccination policy, you may not withhold pay or force employees to take leave without pay.

6. Place employees who suffer from vaccine side effects on paid leave

Employees who suffer from side effects after taking the vaccine should be given sick leave. If their sick leave is exhausted, they may qualify for further paid time off.

7. Keep employees informed on vaccination issues

This includes notifying them about:

  • The obligation to be vaccinated and by what date.
  • The right to refuse to be vaccinated on constitutional or medical grounds.
  • The opportunity to consult with a health and safety representative, worker representative or trade union official.

8. Counsel employees who refuse to be vaccinated on any constitutional grounds

Talk to employees and allow them to seek guidance from a health and safety representative if requested. Refer the employee for further medical evaluation if they refuse to be vaccinated based on a medical condition.

9. Explore alternative arrangements

Dismissal should only be a last resort. The employer should attempt to accommodate the employee in a position where they do not require the vaccine.

Possible options to consider include letting the employee:

  • Work off-site
  • Work from home
  • Work in isolation (at the workplace)
  • Work outside normal working hours
  • Work while wearing an N95 mask

10. Follow the correct procedure for dismissals

If all other options have been exhausted, Truter advised against disciplinary action. Instead, he said to deal with the dismissal as one of “operational requirements” or “incapacity”.

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