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COVID-19 vaccination could be compulsory at workplace

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As vaccination becomes more freely available in South Africa, questions arise such as can you make vaccination compulsory and can you dismiss someone if they refuse? Do you have to allow time off to get vaccinated, and what happens if an employee has an adverse reaction? These questions and many more are new to our labour law, and will be subject to litigation over the next many years.

In terms of the department of employment and labour’s latest regulations, the minister has recognised that employers may in terms of their own internal rules make COVID-19 vaccination compulsory.

Obviously, the compulsion must be subject to certain oversight, and must be reasonable in all circumstances. The employer would have to take into account their own operational requirements, and must be able to justify that in terms of these requirements, they would expect employees to be vaccinated against COVID-19.

Over and above this, each case must be carefully explored, discussed, and subject to proper consultation, taking into account the employee’s circumstances. These circumstances can include medical, religious, bodily integrity, and any other factor reasonably raised by the employee or the employee’s representative.

Obviously, each particular employer would develop a set of guidelines and rules which would be read with the disciplinary code and would be properly implemented after consultation with the employees or their representatives.

These rules must be made subject to the above-mentioned criteria, and would probably be differently implemented in accordance with the operational requirements of the position of the actual employee.

For instance, if a buyer for a company has the duty to travel abroad and can do so only if vaccinated, then there would be a compulsion to be vaccinated. It would be incumbent upon the employer to explore whether there are other ways of doing the job or whether an employee is willing to accept another position which doesn’t require vaccination.

It’s absolutely vital for every employer to read the regulation, and to advise all the necessary parties within the next three weeks of their intention to make vaccination mandatory and which employees will be affected.

Obviously, even once vaccination has been made mandatory, it would be subject to the employees being able to obtain the vaccination, and might require the employer to help obtain them. The employer’s policy will take into account various factors such as consultation with all the representatives at the workplace, and will respect bargaining council agreements and any other collective agreements with trade unions.

If there is an informal committee representing the staff and/or a workers forum, these bodies must also be consulted.

The minister of health has published draft regulations for the establishment of a no-fault compensation fund for injuries caused by the COVID-19 vaccination. The Vaccine Injury Compensation Fund will be established in terms of the regulations as an amendment to the regulations of the Disaster Management Act of 2002.

Although this compensation fund for vaccine injury hasn’t been formed yet, the various ministers involved are taking into account commentary from the public, and will be getting legal advice from parliament’s legal advisors.

The injury must be related to vaccination. An injured person may not institute a claim through the court process against the national or provincial government until the claim has been adjudicated by the relevant panel through the compensation fund.

Only if the person is dissatisfied with the outcome of the adjudication or the amount awarded can that person lodge an appeal, and the appeal must be determined by the relevant decision maker. Only after pursuing a claim with the scheme can a person look to the courts if that person is still dissatisfied.

Businesses are urged once again to warn their staff that protocols are in place, and breach of COVID-19 rules and regulations will lead to spread of infection and almost inevitably disciplinary action.

I’m involved in no less than a dozen cases where employers have reported and taken action against recalcitrant employees. It’s time, once again, to reiterate the fundamental, basic rules such as social distancing, mask wearing, and sanitising. Over and above this, any staff member exhibiting symptoms must report these symptoms to their health officer or senior management, and should immediately take sick leave.

The consequences of a staff member remaining silent could be loss of their position and more seriously, the spread of infection.

Employers will have to educate staff about the value of vaccination along with normal social distancing, masks, and hand sanitising. Education in these circumstances, I believe, will be the strongest factor in convincing all staff to get vaccinated.

A consolidated direction on occupational health and safety measures in certain workplaces was gazette on 11 June 2021. This contains new requirements with regard to vaccination.

It’s clear from this that an employer must give employees time off to be vaccinated. The employee may be required to provide proof of an appointment to be vaccinated. Time off shouldn’t be regarded as sick leave, but should be given as a form of special leave.

If there are negative effects from vaccination, the employer will grant paid sick leave in terms of the Basic Conditions of Employment Act. If the sick leave has been exhausted, there could be a claim in terms of the Compensation for Occupational Injuries and Diseases Act. Employees will produce the vaccination certificate thereafter, and a medical certificate if they’ve had complications.

  • Michael Bagraim is an attorney specialising in labour law, and advises nationwide on the restructuring and management of labour forces. He is also a Democratic Alliance member of parliament.

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Community

Communal organisations help make Rosh Hashanah special

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With Rosh Hashanah upon us, communal organisations are hard-pressed to make sure that every community member is looked after, but the number of people needing help has spiked since the onset of the pandemic.

The Chevrah Kadisha – which looks after the lion’s share of those in need – has recorded a 35% increase in the amount of financial assistance that it gives families towards living costs. In the Western Cape, Jewish Community Services Cape Town (JCS) recipients have increased more than 100%.

The Jewish Women’s Benevolent Society (JWBS) has also noticed an increase in the number of people in need over the past few years. “With COVID-19, it’s especially hard,” said Maureen Disler, the co-chairperson of the organisation which has survived for more than 127 years. “People have lost their jobs, and some people ask for food vouchers. They haven’t got enough to feed their children.”

The Chevrah Kadisha gives special yom tov meals to the 850 elderly and physically or mentally challenged people living in its residential facilities. However, its wider reach extends to nearly 11 000 people, helping them with living costs, food, healthcare, education, accommodation, and social services throughout the year.

“The Chev is unique in the sheer volume of people it helps, the duration of time that it helps them for, and the diverse range of its activities from cradle to grave,” said Saul Tomson, the chief executive of the largest Jewish welfare organisation on the African continent.

The organisation distributes R5 million every month to families in the community, totalling R60 million for the year. This is a significant increase from pre-COVID-19 times. It’s also involved in education, with nearly R1 million a month going towards 279 children in Jewish schools and remedial schools, as well as 130 university students who are being educated through the Chev’s interest-free student-loan programme.

“Particularly now leading up to Rosh Hashanah, a lot of assistance is being distributed through our COVID-19 emergency release fund,” Tomson said.

Smaller organisations like Yad Aharon & Michael have also been inundated with new requests over the past two years.

“Whereas the number of families who receive weekly food parcels from us stands at about 700, families who aren’t in a position to provide festive meals for Rosh Hashanah through to Sukkot apply for food parcels, which we gladly provide, thereby increasing the number of parcels packed by anything between 20 to 30 plentiful yom tov hampers,” said Alice Friedman, the chief executive of the organisation founded more than 23 years ago.

Ingrid Koor, the chairperson of the Union of Jewish Women (UJW), which assists just more than 100 people over Rosh Hashanah, said, “There are many more people in need as many families have emigrated, leaving elderly people. The economic downturn and COVID-19 have made things more difficult. With, unfortunately, many more elderly passing, our numbers have remained the same for a few years.”

The UJW’s flagship project, Kosher Mobile Meals (KMM), will supply festive cooked kosher Rosh Hashanah meals, plus honey for a hopefully sweeter year. “We will also distribute yom tom joy parcels supplied by the HOD [Hebrew Order of David] consisting of treats and non-perishable food to recipients,” said Koor. “KMM distributes kosher cooked meals to those Jewish elderly over 75 who are unable to cook for themselves.”

For Rosh Hashanah, Yad Aharon & Michael is handing out double portions of seasonal fruit, apples and vegetables, supplemented by meat, chicken, fish, eggs, and dairy products. Its dry goods hampers include honey, grape juice, challahs, and honey cakes in addition to all the basic requirements needed to prepare yom tov meals and usher in a happy and sweet new year.

“I’m confident our families won’t need to shop for extra food for two days of yom tov,” said Friedman. “Our aim is to enable them to enjoy plentiful meals free from worry and anxiety. This is made possible by the community’s renowned generosity.”

JWBS is giving money to its recipients to sweeten their Rosh Hashanah. It also recently gave out activity packs. “People are lonely and isolated, so we’ve given them each an activity pack. They really look forward to it,” said Disler.

This Rosh Hashanah, the JCS’s hampers include round challot, ready-made vegetable soup, roast chicken, pumpkin pie, vegetables, salads, and strawberries.

“Of course, we add in the apples, honey, grape juice, and candles,” said Lauren Cohn, the chairperson of the JCS Tikvah Foodbank Committee. “In addition, we include a Tupperware container filled with teiglach, meringues, dried fruit, and Sparkles. Every food hamper has a special Rosh Hashanah card handmade by children in our local Jewish schools. These food hampers are well thought out, meticulously planned, and beautifully presented with the love, dignity, and respect that we all deserve.”

The JCS is raising funds through the Rosh Hashanah Appeal, which entails sending out e-cards on behalf of the Tikvah Foodbank’s donors. The organisation also relies on volunteers.

“Our Rosh Hashanah and Pesach [fundraising] campaigns are the biggest,” said Friedman. “We have a Rosh Hashanah campaign running at the moment. It’s widely posted on social media, advertised on street poles in suburbs known to be frequented by the Jewish community, and in the SA Jewish Report. We’re also selling beautiful yom tov gifts at various points in Joburg, which is a successful initiative.”

The JWBS phones people to ask for donations as COVID-19 restrictions prevent it from running traditional functions such as theatre shows and golf tournaments.

Since many of the UJW’s recipients don’t have family nearby or the funds to pay for their meals, KMM is run mostly on donations. “We launched a fundraising campaign on social media and via our databases to raise money,” said Koor. “We also phoned people to ask for donations.”

Although the UJW’s principal need is donations, it also needs volunteers to chat to its isolated elderly when it’s safer to do so. “KMM recipients are more isolated since COVID-19,” said Koor. “We used to host elderly people to a Wednesday lunch at our UJW house. These people are sorely missing the social interaction.”

Asked what advice she has for those wanting to help others on Rosh Hashanah, Friedman said, “Teshuvah, tefillah, and tzedakah are the three elements which Hashem takes into account when finalising our verdict for the coming year. I’m fully cognisant that everybody is financially stretched, but helping those in our midst who cannot celebrate Rosh Hashanah and the chaggim without our assistance is a communal responsibility. Treating the needy with sensitivity, kindness, and empathy underpins Yad Aharon’s brand of chesed, and addressing the harsh reality of hunger and destitution in our midst forms an integral part of our mission.”

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Hudaco-ORT helps disabled entrepreneurs

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ORT South Africa hosted a ceremony on 12 August for 10 entrepreneurs who it assisted to obtained SETA qualifications to help them start their own businesses.

The potential and existing entrepreneurs were assisted by Hudaco-ORT to obtain National Qualifications Framework (NQF) level 2 new venture creation qualifications, assisting them to start and grow their business ventures.

Hudaco-ORT helps people with disabilities by facilitating their completion of the NQF level 2 qualifications, which equips them to capitalise on opportunities. The beneficiaries received their Sector Education Training Authority (SETA) certificates at the ceremony.

“We often unintentionally consume ourselves with what’s considered the norm rather than focusing on our own uniqueness,” Hudaco-ORT said. “People with disabilities are the epitome of uniqueness, forming a vital part of society and reminding us to value our own strengths and weaknesses.”

Said, beneficiary Mncedisi Bengu, “It was a surprise. I was fairly happy and shocked at the same time. I didn’t think I would be successful. My teacher, Sarah Malape, gave me an experience that I had never had in my life. She taught me to respect myself and other people, and to be myself.”

On receiving his certificate, he said, “I’m excited. At my home, they gonna [sic] be happy for me, and say, ‘Wow you did it.’”

Said another beneficiary, Sthembile Gumede, “I’m so happy, and my grandmother is happy for me. I wish I learnt more because I like books.”

ORT SA wishes all the beneficiaries of the Hudaco-ORT Project well in their future endeavours, and is grateful to Hudaco for partnering with it to make a difference in people’s lives.

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Rabbi and craftsman perfect the art of charity

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Two people from two different backgrounds – Rabbi David Masinter and artist Leonard Nyathi – have come together with the goals of teaching, educating, uplifting, and spreading the message about the need for charity around the globe.

Masinter, the rabbi of Chabad House in Johannesburg and the founder of the fundraiser Miracle Drive, was looking for a good craftsman who could also teach in the most destitute areas.

He came across Nyathi, a master craftsman whose business struggled before Miracle Drive recognised his talents and commissioned custom artworks.

Masinter told Nyathi, “Let’s identify the artists, bring them together, train them, and I will buy in a whole bunch.”

Encouraged, Nyathi started working with Masinter. “We worked as a team, an unusual team,” says Masinter. “The only thing we have in common is that we both like to teach.”

They started hiring and training underprivileged people. “We normally hire street kids and people with disabilities,” says Nyathi. “We also give training to people that don’t have an education. The rabbi and I decided to employ people so that they could make a living.”

Masinter says they found underprivileged artists in the most remote areas, and improved their skills. “When you find a skill within a person, you improve not only that skill but every other aspect as well,” he says.

Nyathi and the other artists are turning Jewish objects into what Masinter calls “African art”. All the artworks are handcrafted and hand painted – from ceramic mezuzah cases and ceramic dreidels to ceramic arks and a set of three ceramic grating plates (meat, parev, and dairy). It can all be purchased on the online Gallery of Goodness and Kindness, set up due to COVID-19. According to Masinter, they also “have a whole bunch” of non-Jewish products.

“The gallery online is only the beginning,” says Masinter. “We are building a proper gallery like the New York Metropolitan Museum of Art – a proper beautiful online gallery to promote South African art, underprivileged and other artists, one that can bring a smile to people’s faces.”

Asked if they have a marketing and sales strategy, Masinter says, “A hundred percent. That’s why this thing is going global. We also doing displays in different shopping centres, and we are taking it overseas.”

Nyathi is thankful for Masinter’s help. Now, he and the other artists can afford to pay their rent and support their families. “If it wasn’t for Shabbat, we were going to close this business,” Nyathi says.

When people praise his artwork, Nyathi says he feels “over the moon” and “recognised” in his heart.

Asked where the funding comes from for the materials, Masinter says, “Where required, I will do the funding, but the idea is to make it self-sustainable. This thing is global. We have already got orders from overseas. We are changing our world for good. Everyone should be energised by this. We can do much more.”

Masinter believes every Jew is obligated to uplift the spiritual and material welfare not only of every Jew, but also non-Jews as well.

“Therefore, we cannot live as South Africans only focusing on Jewish things when we have a fortune of programmes, from kids programmes to teenage programmes, to senior-citizen feeding programmes. We have to worry about everybody. You can’t live in a country where millions of people are living in squalor and say, ‘It’s not our problem’. The way to [help] is through job creation, and this project is helping with that. We have 21 libraries in the city in underprivileged areas. We have the whole learning programme for primary school children. We have a job-creation programme, and now during COVID-19, we went into this programme, which is self-explanatory. A rabbi and an artist have come together to turn the world upside down for good, with one thing in common, a passion for art and education.”

Masinter’s charitable work is based on two philosophies, “Give a man a fish, and you feed him for a day; teach a man to fish, and you feed him for a lifetime” and “You don’t have to stay down, you can uplift everybody.”

Asked how long he has been doing his charitable work, he says, “I’m a Chabad rabbi. Every Chabad rabbi does charitable work. We don’t talk about the past. It’s about what we could be doing. You must energise people to copy what we are doing. We can’t sit here with millions of people living in squalor. We should all be asking what are we doing to assist welfare in this country, Jewish and non-Jewish.”•            The Gallery of Goodness and Kindness can be found at: https://www.chabadsouthafrica.org/templates/articlecco

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