The recent public drama involving tennis star Novak Djokovic who has currently been barred from entering Australia on the basis that he is unvaccinated is just one of many incidents likely to be witnessed across the world in coming days as vaccine mandates take effect.
Locally in Rwanda, the government and health practitioners have been urging citizens and residents to get vaccinated to build resilience in the face of the pandemic as well as ensure that even in the event of infection cases remain mild.
Increasingly, multiple business establishments, places of worship, public transportation request for proof of vaccination from members of the public accessing their premises.
A common question is whether an employer can dismiss their employees for not getting vaccinated.
What science says
Doctors and scientists say that vaccines have a key role in reducing the chances of infection of persons and in the event of infection it reduces the severity of illness, chances of hospitalization or being in critical condition. Multiple medical opinions including the World Health Organization show that being unvaccinated increases the chances of contracting Covid-19, which means higher chances of passing it on.
With that a section of businesses, private and public premises require proof of vaccination as they seek to protect their employees, staff and clients.
What legal experts say
Legal practitioners and experts say that if proven that whoever is not vaccinated stands a chance of putting other employees of the disease, then this could be a dismissal on health and safety related grounds.
Renowned city lawyer Athanase Rutabingwa of MRB Attorneys explained that while there is no legally grounds to dismiss an employee for refusal to be vaccinated, if proven that whoever is not vaccinated stands a chance of infecting other employees, then this could a dismissal ground on health and safety related grounds.
Lawyers added that vaccination remains voluntary as employers and the government do not force the public to get vaccinated. However, lawyers say that while it’s voluntary, the government and employers may put measures on accessibility to certain services and premises. This could for instance see unvaccinated persons unable to access work premises leading to further sanctions and ineligibility to work.
John Bosco Bugingo, a lawyer and fellow of International Bridges to Justice, an NGO involved in ensuring competent legal representation, said that while vaccination is voluntary, an employer may put up safety measures according to the government’s Standard Operating Procedures which in case of non-observance employees can be sanctioned.
While vaccination is voluntary, Bugingo however noted that the government has a mandate and responsibility to ensure a right to good health for all Rwandans as is outlined in the constitutions.
Article 45 allows the promotion of activities aimed at good health where the State has the duty to mobilize the population for activities aimed at good health and to assist them in the realization of those activities.