Abstract:
The study investigates the constitutionality of the mandatory vaccination in the
workplace, drawing lessons from the Covid-19 pandemic. In essence, the study
scrutinises mandatory vaccination from a constitutional and labour law perspective, so
as to determine whether constitutional rights are violated when vaccinations are
mandatory in the workplace. The study sets out the nexus between mandatory
vaccinations in the workplace, and the employer’s obligation to provide a safe working
environment, as set out in the Constitution and the Occupation Health and Safety Act
85 of 1993. The enquiry emanates from the enactment of the Consolidated Direction
on Occupational Health and Safety Measures in Certain Workplaces 2021 by the
Department of Employment and Labour, issued in response to the quest to ensure
safety in the workplace during the Covid-19 pandemic, in an attempt to minimize the
spread of Covid-19 infections. The implication of the findings is that although not all
rights are absolute, during pandemics, disaster management regulations must adhere
to constitutional values and principles. Furthermore, there are conflicting interests in
as far as protection of rights is concerned in a national state of disaster, such as Covid 19 pandemic. Therefore, the study establishes and makes a great contribution to the
debate on the significance and constitutionality of mandatory vaccinations in the
workplace.
