Biz Health 1 Feb 2022
"As the issue and implementation of mandatory vaccination policies (MVP) become ever more apparent to many South Africans, the question constantly arises whether a dismissal based on an employee's failure to vaccinate in line with such an MVP would be deemed to be fair or not. Until very recently, there was very little to go by in the way of case law or arbitration awards to provide guidance due to the novelty of the subject matter. This has, however, now changed. In what is seemingly the first arbitration award issued by the CCMA pertaining to an employee refusing to vaccinate in accordance with a company's MVP, the CCMA has ruled that the dismissal of an employee who declined to be vaccinated in line with such policy was held to be substantively fair.
Image source: Artem Podrez fromImage source: Artem Podrez from Pexels
The matter in question pertains to Theresa Mulderij v Goldrush Group. A brief factual matrix of the case is set out hereunder.
The employer, recognising the need to potentially implement an MVP, drew up a draft policy and had the same sent to their attorneys for review and for a final draft policy to be drawn up. Upon receipt of the final draft policy, the same had to be approved by Exco of the employer. Further to this, an MVP committee was created, which was tasked with identifying various risks and hazards in the workplace to which all employees were exposed, and identifying how these risks and hazards were to be mitigated. Before deciding to implement the MVP, the employer then consulted with various unions and employees regarding the policy and its content. After concluding with the consultations, the employer then allowed those employees who did not wish to be vaccinated to apply for exemption from the policy. This application would be considered by the committee as eluded to above."Read more:
https://www.bizcommunity.com/Article/196/548/224428.html
