Question 1: Problem question on rights and duties of employers to ensure occupational health and safety within the workplace. /50 marks Mr Henock Shilongo is employed as a tour guide by Namib SandSea (Pty) Ltd, a private company specializing in tourism. Namib SandSea (Pty) Ltd operates campsites and tourist guide services at several heritage and tourism sites in Namibia. As a tour guide Mr Shilongo interacts with tourists on a regular basis as he takes them on guided tours and adventure activities on their sites. When not on site he assists with administrative work relating to tour guiding at the head office of Namib SandSea (Pty) Ltd. Following the outbreak of COVID-19, Namibia SandSea (Pty) Ltd after consultations with employees and their trade union, approved a revised occupational health and safety policy. The revised occupational health and safety policy under clause 9 directs employees to undergo compulsory vaccination, or alternatively undertake and submit weekly PCR-Tests to the Human Resources Department. The company argues that in terms of labour laws of the country it is under an obligation to ensure occupational health and safety at the workplace. Furthermore, the company is of the view that the peculiar situation of employees, which includes direct contact with clients, compels compulsory vaccination as unvaccinated employees may pose health and financial risks for the company. Although 92 of the 100 people employed by the company complied with the directive, Mr Henock Shilongo refused to undergo compulsory vaccination on the basis that there is no scientific justification for him to get vaccinated and that he has heard that people who undergo COVID-19 vaccination are prone to chronic illnesses afterwards. Moreover, he argues that the revised occupational health and safety policy violates his rights, more especially because compulsory vaccination was never part of his contract of employment. Upon informing the Human Resources Department that he will not undergo compulsory vaccination nor be subjected to weekly PCR Test because of financial reasons, Mr Henock Shilongo 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, Mr Henock Shilongo 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 maximum 5 page brief in which you advice Mr Henock Shilongo on the matter. Instructions: