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  • CCMA Rules Company Can Fire Someone For Being Unvaccinated

    26 Jan 2022 by Jasmine Stone in Business, COVID-19, Health, Legal, Lifestyle, South Africa
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    [imagesource: Reuters / Dado Ruvic / Illustration / File Photo]

    Vaccine mandates are a sensitive subject.

    Even in arguing that South Africa should end its national state of disaster, experts still reckon that mandates should be considered “in the context of safeguarding healthcare systems from avoidable hospitalisations… particularly when people are involved in indoor gatherings”.

    South African companies with vaccine mandates in place include Dis-Chem, Discovery, Multichoice, Old Mutual, and Standard Bank.

    A recent ruling by the Commission for Conciliation, Mediation and Arbitration (CCMA) also found in favour of an employer, Goldrush Group, upholding the sacking of Theresa Mulderiji.

    News24 reports:

    In an arbitration award granted on 21 January, CCMA commissioner Lungile Matshaka ruled that Mulderiji’s sacking by the Goldrush Group was “substantively fair”…

    Mulderiji was employed as a business-related and training officer since 2018.

    Handing down judgment, Matshaka said: In my own sense of fairness, “I can only conclude that the applicant is permanently incapacitated on the basis of her decision to not get vaccinated and, by implication, refusing to participate in the creation of a safe working environment.”

    Last year, Goldrush Group execs voted in favour of implementing a mandatory vaccination policy after three months had been spent consulting with staff and unions.

    Each staff member acknowledged that they had received and read the policy, as well as having it explained to them.

    A witness told the CCMA that Mulderiji “failed or refused to be vaccinated”. Given that her job involved interacting with people, and she wasn’t able to be moved to a different role, her contract was terminated.

    I wonder how long before we can expect a statement from AfriForum?

    [source:news24]

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