Covid-19 vaccination rollouts have commenced in several countries around the world and vaccinations are expected to commence in South Africa potentially as early as February 2021.

The Minister of Health has indicated that at present, the South African government does not intend to make the Covid-19 vaccination mandatory. Absent a law which mandates the inoculation of the entire population against Covid-19 and given the serious risks posed by the more deadly and transmissible new strain, introducing the vaccine raises these questions: (i) should employers consider implementing a mandatory vaccination policy? (ii) how does an employer deal with employees or applicants for employment who refuse to be vaccinated? (iii) are beliefs regarding vaccinations, i.e. veganism, health related concerns, religion and the like legitimate grounds for an employee to refuse to comply with a mandatory vaccination policy?

This guide assists employers in navigating the above-mentioned considerations and aims to provide direction in determining under what circumstances a mandatory vaccination policy should to be implemented. While mandatory vaccinations may not be immediately applicable in light of the availability of the vaccine, it is useful for employers to begin considering its workplace policies in this regard and to commence educating and communicating with its employees about the subject.

Guide by Cliffe Dekker Hofmeyr