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Can My Employer Force Me To Get Vaccinated?

Businesses across the country have taken it upon themselves to act as health professionals and experts by enforcing “mandatory vaccinations”, in the name of creating, “a safe working environment for all”, through coercion and even threatening employees with dismissal.

When you do this, is the working environment really safe, when your employer can simply threaten you without consequence?

This unique situation has left many employees concerned and asking experts what their rights are in this regard.

We spoke with Riekie Erasmus, an attorney and one of the founders of the Covid Care Alliance to help set the legal record straight!

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Interview with Attorney Riekie Erasmus

Facing Illegal Jab Mandates In South Africa:

Your reaction to the action is most important. Do not panic. Keep it calm and collected. You simply make your decision. It is your right and your employer is in the wrong. Once you have conveyed your decision or message, forget about it until your employer makes the next move.

Step 1: Do not accept a verbal notice, request a written notice with the reasons for the mandate and request the “risk assessment”. Most employers did not do this.

Step 2: Reply that your vaccination status is private, and you will not disclose your health status. (The same policy as with employees with HIV.) (Download a PDF form here to fill in and hand to your employer to inform them of your decision)

Step 3: Wait for the employer to take the next step. Do not ask or panic.

Step 4: If you are victimized in any way, lodge a complaint with the SAHRC and apply for a harassment order from the magistrate’s court. You can also file a dispute at the CCMA. Do not panic if it is not of any help. The law is not what it should be, and justice may only be attained if you persevere.

Step 5: If the above does not resolve the issue, get legal advice.

Do Not Give In And Do Not Resign

A refusal to take the jab is not misconduct or a breach of the employment contract unless you have signed a contract requiring you to take the jab. If it was not voluntarily the “acceptance under duress” must be disputed. No steps can be taken against you.

JAB MANDATES AND THE LAW

  • The Constitution and the rule of law are supreme to any other law. Any other legislation that does not comply with the constitution can be challenged.
  • The right to life:
  • The right to life (s 11) and dignity (s10) are the most important
  • human rights and the source of all other personal rights (S v
  • Makwanyane & Another 1995(3)SA 391 (CC).
  • Equality

S-9 – no person may unfairly discriminate directly or indirectly against anyone on one or more of religion, conscience, and belief.

S-12 (2) everyone has the right to bodily and psychological integrity, which includes the right to:

(b) security and control of the body; and;

(c) not to be subjected to medical or scientific experiments without their informed consent.

S-15 deals with freedom of religion, belief, and opinion.

S-23 deals with fair labour practices.

S-26 of POPIA, states:

A responsible party may, subject to section 27, not process personal information concerning—religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; Unless consent has been given. S-27, or the processing is necessary for the defence of other rights or obligations under law is necessary to comply with international law, or is for statistical or research purposes in the public interest.

The bottom line is that HE WHO ALLEGE AND OR MANDATE  MUST PROVE

You do not have to do anything other than continuing with your work. Your employment contract cannot be amended unilaterally, only with your informed consent which was given freely and voluntarily. The direction issued by the Minister of Employment and Labour under the DMA that employers develop a plan outlining the measures that they intend to implement in respect of vaccination of employees. It does not require a mandated vaccination plan and if it did it would have been contra the Constitution. The Direction also entitles any employee to refuse to be vaccinated on constitutional and medical grounds.

Section 6 of the Employment Equity Act provides that:

“No person may unfairly discriminate, directly or indirectly, against an employee,” …. (see S 23 of the constitution).

OTHER

  1. If you are told you may not enter the building, work at home, get a harassment order and lodge a complaint with SAHRC because they then discriminate against you.
  2. Do not go for PCR tests. An employer cannot mandate it. Furthermore, PCR tests are not meant for asymptomatic people and cannot diagnose you. It is also not part of your employment contract.
  3. What is fair? COVID-19 is not more contagious than HIV, flu and TB. Do they require workers to disclose their status whether they had been vaccinated or using medication for these conditions?
  4. Mandating a jab can never be fair nor reasonable because of all the adverse side effects and deaths following the jab and the fact that C19 does not pose a greater risk than other contagious diseases.

Why Vaccine Mandates Make Absolutely No Sense

  1. Does not prevent infection.
  2. Does not prevent transmission – it is a known fact that the jabbed transmit spike protein to others, which is dangerous to those who have not been jabbed.
  3. The jabs have been approved as an emergency trial. It means no one may be coerced or forced to take the jab and, in a trial, some get a placebo. If you take it, you play Russian roulette.
  4. The jabs are unnecessary as COVID-19 does not pose a danger to the majority of people and there are adequate and effective treatment protocols.
  5. PCR tests are useless for the purpose and SA labs tests at 40 cycle threshold which renders 90% false positives and more important there is no real SARS cov2 virus. (Ask for the proof, it cannot be given).

Other Relevant Points

Jehovah’s witnesses refuse to take a blood transfusion. We could not find any case in SA where an adult was compelled, or a court order obtained to force them.

In the event, that a child needs a blood transfusion and the parent or guardian refuses the hospital may, if it necessary to save the child’s life, do a blood transfusion.

If you have been to the hospital before, you know that you have to give written informed consent for every procedure performed on you. The same applies here. Voluntarily and informed.

If an employee cannot be compelled to do a polygraph test, how can he be compelled to take the jab or a PCR test?

Any person who gives in to pressure from an employer and who suffers damages as a result of the jab may claim damages from the employer.

NEASA, the National Employers Association of SA has advised their members not to mandate vaccines.

PANDA as well as Ian McLeod of Morning Shot took on Discovery. Ian’s letter to Adrian Gore is worth reading. It will give you more understanding of the difficulties employers will have.

The tragedy is that the ill-informed and timid workers are victims to this criminality. Please help them to understand their rights.

What To Do If You Are Dismissed For Refusing The Manadte?

Employment Law: The 10 steps when taking a dispute to the CCMA

If you have a dispute with your employer, you may want to ask the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to conciliate or even arbitrate your dispute. A union or employer’s organisation may also initiate this action. Furthermore, you do not need the other party’s consent before taking a matter to the CCMA.

Steps for disputes at the CCMA

According to the CCMA, the steps involved in resolving a dispute include:

Step 1: In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case, if the case is an unfair labour practice, you have only 90 days and, with discrimination cases, you have six months.

Step 2: If you have decided to lodge a dispute, you need to complete a CCMA case referral form (also known as LRA Form 7.11.).

Step 3: Once you have completed the form, you need to ensure that a copy is delivered to the other party and you must be able to prove that a copy was sent.

Step 4: You do not have to bring the referral form to the CCMA in person. You may also fax the form or post it. Make sure that a copy of the proof that the form had been served on the other party is also enclosed.

Step 5: The CCMA will inform both parties as to the date, time, and venue of the first hearing.

Step 6: Usually the first meeting is called conciliation. Only the parties, trade union or employers’ organisation representatives (if a party to the dispute is a member) and the CCMA commissioner will attend.

Step 7: If no agreement is reached, the commissioner will issue a certificate to that effect. Depending on the nature of the dispute, the case may be referred to the CCMA for arbitration or the Labour Court as the next step.

Step 8: In order to have an arbitration hearing, you have to complete a request for arbitration form, (also known as LRA Form 7.13.). A copy must be served on the other party (same as in step 3).

Step 9: Arbitration is a more formal process and evidence, including witnesses and documents, may be necessary to prove your case. Parties may cross-examine each other and legal representation is allowed. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.

Step 10: If a party does not comply with the arbitration award, it may be made an order of the Labour Court.

Reference:

The Commission for Conciliation, Mediation and Arbitration | CCMA | ccma.org.za/Advice/Referring-a-Dispute

This article is for general information purposes and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein.

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