The mandatory vaccination debate continues - An employee’s right to compensation

On the 22^nd of October 2021, the Government Gazette published a notice relating to compensation for mandatory workplace vaccinations. As a result, more employers are making the Covid 19 vaccination mandatory which has caused an increased frustration on their employees.

In terms of Section 6A(b) of the Compensation for Occupational Injuries and Diseases Act (COIDA), employees now have the privilege to 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 death, injury or illness, they will be eligible to be compensated by the Compensation Fund.

Be that as it may, a successful compensation claim will be considered if the following requirements can be proven:

• The side effects experienced must be linked to the vaccine received.
• 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 (hereinafter referred to as the ‘Directions’);
• The employer must prove his / her risk assessment and that the vaccination plan is in line with the Directions as mentioned above.
• The vaccine received must be a SAHPRA approved vaccine.

It is of paramount importance to note that if any of the requirements mentioned above can be proven, then 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.

For more information on this, kindly contact Duvenage attorneys and we will gladly assist you.