Weighing in on mandatory vaccinations in the workplace : a constitutional scrutiny

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.