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SowetanLive reports that as the government accelerates its Covid-19 vaccine rollout, a growing number of employers and employees have approached the SA Human Rights Commission (SAHRC) to seek counsel on how resolve an impasse over those who refuse take the jab.
The commission’s Gauteng manager, Buang Jones, said they had received more than 30 complaints last week from workers and employers seeking guidance on dealing with employees who were against vaccination. The complaints included domestic workers, gardeners and teachers who claimed they were being forced by their employers to take the vaccine under the threat of losing their jobs if they didn’t. Some of the complaints related to employers seeking help on how to accommodate their anti-vaccine workers and to interpret labour laws without infringing on individual rights. The commission is still assessing the complaints from workers and employers. But, it has already faced a public backlash for appearing to side with vaccine sceptics, also known as anti-vaxxers, who are opposed to being vaccinated for Covid-19. The virus has already claimed more than 72,000 lives in SA. “Because we are dealing with competing rights, we have to conduct an assessment that is guided by the section 12 of the constitution [the right to freedom and security of the person] and section 36, which provides the limitation of rights, and we also look at the national health act and case law on section 12. We have to balance all these constitutional rights and make a determination,” said Jones. He added that the commission found itself in uncharted waters between the right to individual autonomy and the rights of the collective. In the absence of legislation about vaccination, Jones said workers and employers could approach the courts, unions and the CCMA for intervention when there was a dispute.
- Read the full original of the report in the above regard by Karabo Ledwaba and Lindile Sifile at SowetanLive (registration required)
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