Are employees obliged to disclose themselves as a “risk-factor” to the employer?
South African law does not place an obligation on employees to disclose their medical information or status. However, an employer has an obligation to provide a safe working environment. Monitoring those who attend the workplace, and whether they pose a risk to other employees, falls within the general employer duty to provide a safe workplace. Given the circumstances around the Coronavirus, if an employer instructs their employees to inform the employer if they are at risk, then the employee will be obliged to disclose this to their employer. If the employee fails to comply, it may be possible that the employee can be held liable for misconduct. However, this will depend on the circumstances of each case.
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