.
The company told Van Rensburg that she would not be allowed onto the premises without a negative test every week or proof of vaccination. She would also not be paid for the time she was not allowed on the premises because the “no-work-no-pay” principle would apply. The company also told her that disciplinary steps may be taken.
In January 2022, Van Rensburg arrived at the company’s premises without a negative Covid test and without proof of vaccination. She was told to immediately leave the premises. Solidarity then started urgent proceedings in the Labour Court to declare the vaccination policy unlawful.Solidarity argued that the vaccination policy was unlawful because it violated Van Rensburg’s employment contract. This was because there was no clause in her contract which required her to be vaccinated or to provide weekly negative tests. This meant the company unilaterally changed her terms and conditions of employment by imposing a mandatory vaccination policy.
Because Solidarity could not explain how the vaccination policy breached the employment contract, this challenge to the vaccination policy had to be dismissed, acting Judge Makhura said. The Labour Court said the company made it clear in December 2021 that it would not force employees to be vaccinated. The policy simply said employees who refused to get vaccinated must provide a weekly test to the company which showed they do not have Covid. The vaccination policy did not say that unvaccinated employees would never be allowed onto the company’s premises, the court said.
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