02 March 2022

And So, the Mandatory Vaccination Debate Continues - an Employee's right Compensation

Submitted by: SchoemanLaw Inc

On 22 October 2021, the Government Gazette published a notice relating to compensation for mandatory workplace vaccinations. As more employers make COVID-19 vaccinations mandatory, employees have become increasingly frustrated.

In terms of section 6A(b) of the Compensation for Occupational Injuries and Diseases Act (COIDA), employees can now receive compensation for any side effects experienced from the COVID-19 vaccine. The notice stated that if an employee is required to take the COVID-19 vaccine as an occupational requirement and experience illness, death, or injury, they will be eligible to be compensated by Compensation Fund. According to the notice, a successful compensation claim will be considered if the following requirements can be proven:

  • The mandatory vaccination must be an inherent requirement of the job, according to the employer’s risk assessment which must be conducted in terms of the Consolidated Directions on Occupational Health and Safety Measures in Certain Workplaces (hereafter referred to as the ‘Directions’);
  • The employer must prove his/her risk assessment and vaccination plan is in line with the Directions as mentioned above;
  • The vaccine received must be a SAHPRA approved vaccine; and
  • The side effects experienced must be linked to the vaccine received

If the requirements mentioned above can be proven, an employee will be eligible to receive compensation from the Fund. Employers are advised to inform their employees of their right to claim from the Fund to implement mandatory vaccination policies.

SchoemanLaw Inc

SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mindset that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the design of tailored legal solutions and the practical implementation thereof through training and automation. With your personal interests in mind, our ultimate aim is to implement measures that protect the results of your hard work as effectively as possible.