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A young man with a mask.
- Failure to comply with Covid-19 regulations outside of work could be grounds for termination, a legal adviser said.
- If an employee is found to have knowingly put colleagues at risk, employers may have the right to take disciplinary action.
- However, employers will need to have the correct policies in place.
Not wearing a mask or lying about your Covid-19 status could lead to problems with your employer.
Employers could take disciplinary action or fire employees who violate Covid-19 regulations outside of work.
If an employer could demonstrate that an employee has behaved recklessly and, by doing so, endangered their co-workers, the company could take disciplinary action, according to Justin Hattingh, senior legal counsel for Strata-g Labor Solutions.
This is because staff are required under the Occupational Safety and Health Act (OSH) to help their employer keep everyone in the workplace safe and healthy.
If an employer can prove that someone has exposed other employees at work to Covid-19, it could have a basis to act, Hattingh said.
READ | People arrested for not wearing masks in public will have criminal records, Cele warns
Failure to disclose your Covid-19 status could end in a similar outcome, if it comes to light that a staff member knowingly put colleagues at risk.
“There is also the possibility of disciplining staff for providing false or misleading information. At the end of the day, employees must be reasonable and understand that their conduct affects not only themselves, but can affect everyone else.” Hattingh said.
However, to exercise these rights, employers will need to have policies and offenses related to health and safety at work in their codes of conduct. If an employee is fired for violating Covid-19 regulations without these policies, the dismissal could be considered unfair.
“Aside from disciplining employees, employers must explain to their staff that if they fail to comply with regulations and then become ill, they will not be able to work and could be placed on leave without pay, financially.
“Employers, therefore, must appeal to the humanity of their employees by reminding them that reckless behavior could lead to a wide-spread event in the workplace, affecting everyone’s livelihoods and even putting their families at risk. “Hattingh said.
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