Business Times writes that business owners in SA, crippled by Covid-19 lockdowns and desperate to protect their dwindling operations, face a growing dilemma over vaccination policies in the workplace.  

Debates are raging over whether workers may reasonably refuse to be inoculated, and if employers can discipline them for refusing.  With the government stating that no-one will be forced to be vaccinated and the constitution guaranteeing religious and cultural beliefs and bodily integrity, the debate over how to protect business operations is growing.  Aadil Patel of Cliffe Dekker Hofmeyr attorneys, which has researched mandatory vaccine policies, advised: "You cannot be dismissed for misconduct simply because you don't want to take the vaccine."  He said for companies to make vaccines mandatory they must overcome numerous challenges, including obtaining union buy-in.  "Crucial to the process is companies must distinguish between existing and new employees. With existing employees, companies must obtain consent for a mandatory vaccination policy introduction as it changes conditions of employment.  If a majority trade union is in the workplace, employers could conclude an [inoculation] agreement with the union which would be extended to all employees regardless of whether they were unionised or not.  But with no trade union, companies need every employee's consent. That's because employment is done on an individual basis."  He added that for new employees, a mandatory vaccine policy could be introduced, "but it is not advisable".  Avi Niselow of Clifford Levin Attorneys said for disciplinary action to be instituted it would come down to how a mandatory vaccination policy was implemented:  "If it's implemented unilaterally, with employees having no input and no union engagement, employers would find it difficult to discipline workers."

• Read the full original of the report in the above regard by Graeme Hosken at BusinessLive (paywall access only)

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