Solidarity Takes University of the Free State To Court


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The trade union Solidarity has taken court action against the University of Free State over its mandatory Covid-19 vaccine policy.


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According to Head of the Solidarity Research Institute Connie Mulder, the University of the Free State is not the only institution that is implementing a mandatory Covid-19 vaccine policy, they have received complaints from several members who are uncertain about whether they can be forced to take the vaccine.

Mulder states that from their perspective that is the main reason they chose the University of the Free State as well as other court cases as strategic court cases that should set a legal precedent and provide certainty regarding mandatory vaccination in the workplace.

Solidarity believes that vaccines are safe and effective in reducing hospitalization and death but do not work as well in reducing symptoms of the virus. They also believe that mandating vaccines now will “inevitably entrench resistance and harden it and will make any future public health measures increasingly difficult to implement.”

Mulder states that the union is concerned that mandating vaccines will negatively affect the success of the vaccine program in the long term. 

The trade union understands that in certain exceptional circumstances it would be necessary for employees to be vaccinated to be able to do their job. However, in the case of the University of the Free State and other employers, the proper processes were not followed when going about making the Covid-19 vaccine mandatory for employees.

Solidarity stance on vaccines is public record and states that vaccines are safe and effective. Majority of their members and employees have been vaccinated, however, on a voluntary basis.

“We've at no point been against vaccines. We're very pro getting vaccinated to reduce the severity of illness and to get out of this pandemic. That is why when we say we're extremely worried that mandating vaccination will have exactly that effect we've seen this in other countries,” says Mulder.

The Department of Labour stated that there are several other steps that can be taken to ensure a safe workplace before mandatory vaccinations can be implemented. Employers may accommodate employees by allowing them to work from home or change their duties, before implementing a mandatory vaccine policy.

The court case against the University of the Free State will take place in February, where they would like to get legal certainty about what an employer may ask of their employees regarding vaccinations. 

According to Mulder, the University of the Free State has responded to the court case by stating that they have done everything they should and that it would be impractical to do individual risk assessments.


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