Following mandatory vaccination discussion – what is accommodation?


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    My thanks to Brian van Zyl of Van Zyl Rudd and his WhatsApp group for posting the Employment Equity Act Code of Good Practice on Employment of Persons with Disabilities.

    Students and parents of students will have a definite idea about the problems of accommodation, but the Code includes the definition of the word accommodation, and so when you are considering the word in terms of the mandatory requirements for vaccination – remember what accommodation means in terms of the employment relationship.

    I would add to this – on religious reasons to refuse vaccination, remember that the Constitutional responsibility is for fair and reasonable.

    If a person can prove that they have been discriminated against by virtue of their religion – that is automatically unfair – the CCMA award is 2 years annual pay.

    So again – please be wary of walking your company into a minefield – be very sure that a mandatory vaccination rule is essential to your business, or a part of your business.
    Be very sure that you identify the rule – in terms of your risk assessment.
    Then when faced with refusals to obey the rule, ensure that you follow the requirements for consultation – and accommodation before you attempt any form of termination.
    EEA Code of Good Practice – attached

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