![]() The question is how central the belief is to the individual’s religious identity. Further, in Prince v President, Cape Law Society, and Others 2002 (2) SA 794 (CC) the Court confirmed that it should not be concerned with questions of whether, as a matter of religious doctrine, a particular practice is central to the religion. The first is MEC for Education: KwaZulu-Natal and Others v Pillay 2008 (2) BCLR 99 (CC) where the Constitutional Court held that in order to determine if a practice or belief qualifies as religious, a court should ask only whether the claimant professes a sincere belief. There are two seminal Constitutional Court cases. Where an employee objects to the vaccination requirement on religious grounds, employers must take note of the principles that have been developed by our courts when it comes to alleged unfair discrimination on the basis of religious beliefs. This too is not an absolute obligation and would not apply where the effort and cost involved in accommodating the employees results in unjustifiable hardship. The constitutional rights that come into play are the right to bodily integrity and the right to religion, conscience or belief. This might be the case with front-line staff members who interact with members of the public, or those who have close contact with fellow workers.Īn employer will then have a further legal obligation to reasonably accommodate employees refusing to be vaccinated on medical or constitutional grounds. those over 60 and those with underlying co-morbidities) and those who, through their work, are at a higher risk of transmission of the virus. ![]() Employers who decide to implement mandatory vaccination policies must do so if it is necessary to ensure the health and safety of their employees and people with whom they interact.Īccordingly, the employer is required to conduct a risk assessment and identify those categories of employees who are regarded as vulnerable (i.e. ![]()
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