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Code of Practice: Managing Exposure to SARS-CoV-2 in the Workplace: High Court case continues.
COVID-19
CODE OF PRACTICE: MANAGING EXPOSURE TO SARS-COV-2 IN THE WORKPLACE
HIGH COURT CASE CONTINUES
Dear NEASA subscriber
As previously communicated, NEASA has filed two court cases challenging the validity of the Code of Practice: Managing Exposure to SARS-CoV-2 in the Workplace (‘the Code’) issued by the Minister of Employment and Labour and later by NEDLAC.
This Code burdens employers with some significant and extensive obligations and poses a serious threat to the constitutional rights of employees, simultaneously creating a severe potential risk for employers.
We are still awaiting information from NEDLAC in order to progress the matter further.
NEASA is currently the only organisation which is challenging the principle of a government enforcing the infringement of constitutional rights vicariously through a third party where government itself is unwilling or unable to do so.
This Code burdens employers with some significant and extensive obligations and poses a serious threat to the constitutional rights of employees, simultaneously creating a severe potential risk for employers.
We are still awaiting information from NEDLAC in order to progress the matter further.
NEASA is currently the only organisation which is challenging the principle of a government enforcing the infringement of constitutional rights vicariously through a third party where government itself is unwilling or unable to do so.
Although this particular scenario is limited to the workplace, it is not inconceivable that, if this conduct is not declared unlawful, it will create a gateway for government to implement a slew of measures that infringe on any number of constitutional rights of citizens by way of enforcing these measures through unwilling third party actors, while government escapes any form of accountability themselves.
It should, therefore, be common cause that this type of action by the government cannot be allowed to stand.
Further reports will follow as this matter develops.
Further reports will follow as this matter develops.
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