As the Covid-19 pandemic continues to ravage the globe, everybody has had to play their part in flattening the curve and reducing the impact of the virus. Businesses have not been spared the brunt of the pandemic’s effects.
With the advent of the Delta variant, staying safe and, in particular, vaccinating against the coronavirus is being viewed by many as not just a precautionary measure, but as a duty to self and those around you.
Recently, employers have made waves by ordering employees who declined vaccination to stop coming to work.
This started with parastatals and is spreading to private enterprises. This raises an important legal question…is it lawful for an employer to ask unvaccinated employees to stop reporting for work?
The short answer is yes. Employers can furlough employees subject to certain conditions being met. A furlough is a temporary, potentially unpaid leave due to special needs of an employer.
These needs may be due to the economic conditions of a specific employer or society as a whole. In terms of section 12D(2) of the Labour Act [Chapter 28:01], employers can revise the normal working conditions of employees on account of poor economic performance.
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