My Legal Solutions as an Employee in South Africa
South Africa’s Labour and Employment sector have faced unprecedented situations as a result of COVID-19 and lockdown protocols. Accordingly, several lawsuits have already created precedents on COVID-19-related cases and issues in the workplace. The latest development revolves around employers dismissing or retrenching their non-vaccinated employees thus effectively forcing their employees to be vaccinated. As an employee in South Africa, it is critical to know your rights and how you can move forward when considering legal action against your employer, especially in these unprecedented circumstances caused or arising out of the pandemic.
Constitutional and Medical Grounds for Non-Vaccination
According to the Bill of Human Rights, no person can be forced to partake in a medical experiment without their full consent. Since the vaccines have proven to be non-effective in some cases, it can be argued that they are still in experimental phase, bringing constitutional grounds for non-vaccination. The COVID-19 vaccines have also proven to cause a plethora of side-effects, and even death, when injected into a person who is not medically fit to handle the vaccine, bringing medical grounds for non-vaccination.
Unfair Retrenchments/Dismissals
As a result of the uncertainties surrounding workplace-related issues being introduced by COVID-19, it is only a matter of time before the Labour and Employment Laws of South Africa will need to align with the case law or to be amended to give effect to such far-reaching decisions. Therefore, if you feel like you have been unfairly retrenched or dismissed from your employment, you need an expert in such matters, as each and every case needs to be considered and determined on its own merits, in order to represent your case properly and legally. If you earn more than R20 000 on monthly salary, we can offer our legal representation on a “no win, no fee” contingency. Now, you will not face legal fees if you lose your case and have the peace of mind that our experts will give you their best to win.
Allardyce & Partners Attorneys is your answer when you require a Labour and Employment Law specialist in your corner to represent your case in a legal dispute. Please contact us today on 011 234 2125 or email us at enquiries@allardyce.co.za to find out how we can assist you.
