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Many employers have placed their hopes of a return to the pre-COVID-19 workplace on the development of a COVID-19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunised, no one will, at this stage, be legally required to take the vaccine.
An employer cannot unilaterally change an employee’s retirement age. Should the employer do so and terminate the employee’s employment, the dismissal may constitute an automatically unfair dismissal and amount to unfair discrimination.
The Minister of Employment and Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Code). The Code applies to all sectors (both public and private) in the formal and informal economy.
South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices.