There is rather an amusing advert doing the rounds showing an elderly farmer heating up wax to remove the hair from his chest. He does so for a good few seconds, yelping at every pull. Another man appears and asks him what he’s doing. The old man says to his friend: “The doctor said if I want to have a long life with my wife I have to get waxed. And in six weeks, I have to do it again.” His shocked friend responds with: “It’s Vaxxed. Vaccinated, not waxed!!”
Which brings me (sort of) to the point of my story around (mandatory) vaccinations. The CCMA has recently presided and ruled over 2 recent unfair dismissal cases surrounding the matter of enforceable vaccine mandates in the workplace. The findings of the CCMA may still be challenged, however, many questions remain unanswered as the South African workforce; corporate and industrial return to their workplace as restriction levels ease and society returns to pre-Covid working conditions.
No doubt, the matter of mandatory vaccinations is still open for much debate and legal testing, while employers and employees from either poles of the debate wrestle over adopting a suitable policy. The bottom line is that companies will need to include vaccination policies in their employment contracts. Employing the services of a specialist attorney to draft agreements of this nature, will be key in ensuring that both employer and employee are protected.
Going back to the farmer; Government’s recent redistribution-of-land policies has seen an increase in available farms in South Africa. But, buying a farm is a lot more complex than any usual property transaction – besides the usual checks and balances of an Agreement of Sale, buyers and sellers should proceed with extraordinary care when entering such contracts with regard to farmland and working farms. Whilst being a sought-after investment, should come with a hefty checklist accompanied by an experienced contract specialist.
Moving away from farms to inner-city living, where many people are swapping the peace and quiet of the leafy suburbs for the ambient hum of city life, there is much debate around what constitutes noise that is a nuisance vs noise that is a disturbance. There are legal remedies for excessive noise, but in determining whether a noise nuisance exists, a ‘reasonable person’ must find a particular noise intolerable or seriously affecting the enjoyment of his/her property, before pursuing legal action. The appointment of an accredited commercial mediator is a must though, before going to the expense of litigation.
Rest assured we’ve got all your legal requirements vaxxed, I mean, waxed!
Yours in law
PJ
