Maihapa Ndjavera
The labour ministry does not, at this juncture, advise employers to introduce mandatory vaccinations at workplaces. Rather, the ministry, as the government’s authority on all labour matters, advises that employers address Covid-19 at the workplace with a policy that is consistent with government’s official position. This is in stark contrast with the recent vaccination policy instituted by the National Petroleum Corporation of Namibia (Namcor), which required all staff to be vaccinated or to bear the cost of weekly Covid-19 tests.
In an internal letter dated 17 January 2022, which was widely circulated on social media, Namcor directed its unvaccinated employees to go home or to provide weekly negative Covid-19 PCR test results for which they would have to cover the entire cost.
However, the acting executive director in the labour ministry, Lydia Indombo, yesterday issued a statement where she stipulated: “Employers should rather educate and encourage their employees on the importance of vaccines and to allow employees to make voluntary decisions”. She added that the up to date government position remains that vaccination against Covid-19 should be done on a voluntary basis.
Indombo noted the ministry has developed occupational safety and health or Covid-19 guidelines, which outline measures employers can adopt in order to minimise the spread of Covid-19 at workplaces.
“In instances where an employer intends to introduce measures aimed at imposing mandatory vaccination, such must be done taking cognisance of the provisions of the Namibian Labour Law, applicable company policies and rules as well as contracts of employment,” she stated.
According to her, extra care is needed when employers consider a policy of mandatory vaccinations. She said this includes protection against unfair dismissal of employees.
“Failure to do so will create a high potential and risk of labour disputes that might otherwise be avoided. Such disputes, especially when involving a large number of employees or sensitive operations could prove to be disastrous, time consuming, and expensive,” she cautioned.
Indombo said the negative impact on business operations and staff morale and on the wellbeing of workers and their families is equally high, during and after such actions are taken.
She also noted that the ministry has so far received four labour related complaints that emerged from employers introducing mandatory vaccination at their workplaces, whereas the labour commissioner received 10 of these cases.
Indombo further stated that while the Labour Act requires an employer to provide a safe working environment, she bemoaned the fact some employers rely on these provisions as authorising the introduction of mandatory vaccinations at workplaces. “However, such obligation must be implemented in a manner that balances the employer’s statutory duty with other obligations under the Labour Act and with the rights and duties of employees,” Indombo stated. She continued that when employers introduce a new workplace policy that affects existing employees’ rights, this must only be done after consulting and agreeing with the applicable employees, depending on the nature and scope of the policy. In light of this, she advised employers to take “extra care” when considering a mandatory vaccination policy.
The labour ministry is in the process of drafting guidelines on steps that should be taken to ensure adherence to labour and employment laws and the norms of social dialogue and fairness in approaching the issue of mandatory Covid-19 vaccinations in the workplace.
“These guidelines will assist employers, trade unions and employees to agree on approaches that can maximise health considerations while respecting the rights of employees and promoting their wellbeing and job security,” Indombo stated.