How to Refuse a Vaccine Mandate

Don’t forget to breathe.

You are not alone – we will fight this together.

Remember that vaccine mandates are unlawful.

They are negated by our Constitution and our Bill of Rights.

Connect with your colleagues and stand together.

Unity is strength and staff turn-over and training are a very costly exercise.

Do not allow your employer to change your contract of employment.

This cannot be done without your consent, or a court order.

Do not allow your employer to coerce you to be tested.

This is unlawful – Section 7 and 8 of the Employment Equity Act, 55 of 1998 prohibits employers from performing medical or psychological testing or any similar assessments on employees. Furthermore, there is no informed consent without scientific proof that the tests are safe and effective.

Do not disclose your vaccination status.

And, do not sign any documents allowing anyone access to your medical information.

If you are victimised or harassed in any way:

• Follow the established conflict resolution procedure within your company. 
• Please keep written records of these procedures.
• Send the records of what was discussed via email to your employer asking them to confirm in writing that your records are a true record of what was discussed.

If your issues are not resolved to your satisfaction:

• Lodge a complaint with the SAHRC
• File dispute at the CCMA using this form: LRA7.11
• Email the completed document to the relevant address for your area. If you cannot find your specific area, please email [email protected].
• Apply for a harassment order at the magistrate’s court if the way that you are being treated can constitute harassment.
• Print these documents out for your records, and keep them safe.

DO NOT RESIGN!

Resigning does not benefit you in terms of potential compensation or re-instatement.

If you are told that you may not enter the building:

• Stay calm and do not confront your employers. Do not allow them to accuse you of misconduct.
• Before leaving your place of work, ensure you take a selfie photograph or video of your workplace which shows the time, and proves that you were there.
• Return home and SMS or WhatsApp your employer to say that you arrived for work, but have been prevented from doing your job, stating the reason(s) why. Please also state that you followed the instructions of your employer as you did not want to be accused of misconduct, but that you are willing and able to fulfil your duties in the workplace.

This will prevent your employer from accusing you of:

• Deserting the workplace
• Misconduct
• Poor work performance
• Incapacity
• Retrenchment

Please also ask them to confirm in writing whether you are being paid while working from home. The employer has sent you home, and, as such, you are being suspended – if that is the case, you are entitled to full pay and benefits. If not, then it is unfair suspension and you can lay a case with the CCMA or, if applicable, a Bargaining Council.

Dealing with Suspension

If you are suspended, work from home.

If you are unfairly suspended, lodge a complaint against your employer with the SAHRC for discrimination. File dispute at the CCMA for unfair suspension using this form: LRA7.11. Email the completed document to the relevant address for your area. If you cannot find your specific area, please email [email protected].

Print these documents out for your records, and keep them safe.

If you are threatened with dismissal due to your declining to be vaccinated:

Do not accept any verbal notice.

Submit a written request to your employer requesting the reasons for their mandate, along with information about required processes. You can use this template to submit this request: MANDATORY VACCINATION – INFORMATION REQUEST.

• Have two copies of your request delivered in person and have your proof of receipts witnessed by two colleagues, showing the date and place where this was done.
• If your employer refuses to accept or sign your proof of receipts, record in writing on the proof of receipts that this was the case, and have these documents witnessed by two colleagues, showing the date and place where this was done.

Keep the documents safe.

Further to receipt of written notice of a vaccine mandate, or refusal to supply the above documents, submit your written notice of objection to mandatory vaccination.

You can use this template to submit your objection: MANDATORY VACCINATION OBJECTION

And, please refer your employer to the most recent legal state of play following the termination of the State of Disaster, effective midnight, 4 April 2022. You can do so with this letter from PANDA: END OF MANDATORY VACCINATION POLICY

You can also send a formal appeal letter from Dr E V Rapiti to your employer. It includes factual information and presentations regarding the virus and, more importantly, the ‘vaccine’: APPEAL TO REVIEW POLICIES ON VACCINES

• Deliver two copies of these letters in person to your employer. As before, have the proof of receipts of these letter witnessed by two colleagues, showing the date and place where this was done.
• If your employer refuse to accept or sign your proof or receipts, record in writing on the proof of receipts that this was the case, and have these documents witnessed by two colleagues, showing the date, and place where this was done.
• Register for the Voluntary Association that will approach the courts to interdict your employers from unlawfully mandating the COVID-19 vaccines.
  
• Lodge a complaint against your employer with the SAHRC for discrimination.
• File dispute at the CCMA using this form: LRA7.11. Keep this document safe.
• Email the completed document to the relevant address for your area. If you cannot find your specific area, please email [email protected]. Keep this document safe.