The Association of Mineworkers and Construction Union (Amcu) has joined other labour bodies in opposing mandatory vaccinations in the workplace, dealing a major blow to a possible vaccine mandate.
Amcu on Thursday said its members must take the vaccine voluntarily. Forced vaccination will be in breach of the Protection of Personal Information Act, which was promulgated to protect people’s personal information, and section 14 of the National Health Act, which gives all patients the right to confidentiality.
“Mandatory vaccination forces employees to disclose their medical information, including their vaccination status, therefore taking away the right to privacy,” Amcu said in a statement on Thursday.
The trade union further warns that the vaccine mandate may be abused to terminate the jobs of some employees. “The benefits, if any, of compulsory vaccination must be weighed against the enormous harm such a programme will cause to workers who are dismissed, simply because they have honestly held reservations,” Amcu said.
“The directions can therefore not be relied on as lawful authority to permit employers to compel their employees to be vaccinated,” Amcu said.
Trade union Solidarity has previously said it is opposed to mandatory vaccination and labour federation Cosatu has also said it would prefer to see workers volunteer to get vaccinated.
“Forcing people provokes a negative reaction and creates a poisoned debate. We don’t want to go the route of the US where everything is contested,” said Cosatu parliamentary co-ordinator Matthew Parks.
As the government’s national immunisation drive gathers pace, and debate about mandatory vaccination policies intensifies, financial services and health insurer Discovery announced recently it will move to a mandatory vaccination policy for its SA-based staff from January. Various other employers, including private school operator Curro, are considering introducing similar policies.
Discovery estimates that vaccinating 60% of SA’s population in the coming months could save more than 30,000 lives. It said its policy recognised the right of employees to object to being vaccinated, but it hoped to persuade its employees to vaccinate voluntarily before the end of the year. It said it had sought advice from constitutional law experts, and its position was defensible given the public health threat posed by Covid-19.
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