Question
A tour guide who works at a private company that specializes in tourism, is forced to undergo mandatory vaccination or alternatively undertake and submit weekly
A tour guide who works at a private company that specializes in tourism, is forced to undergo mandatory vaccination or alternatively undertake and submit weekly PCR-Tests to the Human Resources Department. He however does not want to take the vaccine or go through the hassle of weekly tests. Upon informing the Human Resources Department that he will not undergo compulsory vaccination nor be subjected to weekly PCR Test because of financial reasons, the employee was informed by the human resources manager that he can only return to his workplace once he has been vaccinated fully or agrees to weekly PCR testing because he is a major health risk to his colleagues and clients of the company. He was also informed that for all the days he will be absent from work because of his refusal to undergo vaccination necessary salary deductions will be made. His access card to all sites and the head office has also been blocked.
Aggrieved by the actions and directive of the company, the employee wants to undertake legal action against the company as he regards the actions of the company and especially clause 9 of the revised occupational health and safety policy to be an unfair labour practice. Kindly draft a brief in which you advice the employee on the matter.
NB: This is an assignment question and as such I'm kindly requesting he tutor to go into details. Answer should also be MAINLY based on NAMIBIAN and SOUTH AFRICAN law.
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