In another recent mandatory vaccination award involving Baroque Medical (Pty) Ltd, the Commission for Conciliation, Mediation and Arbitration (CCMA) has found against the employer in an unfair dismissal dispute relating to an employee’s refusal to vaccinate. Not only that, but the CCMA has awarded the maximum compensation to the employee. This is in stark contrast […]
A long-term employee who was retrenched because she refused to get a Covid vaccination was not entitled to a severance package, the Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled. Commissioner Piet van Staden, in his recent ruling, said the termination of the services of Cecilia Bessick by Baroque Medical, a supplier of medical […]
The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that the dismissal of an “anti-vaxxer” was fair but in the same breath found the employer to be at fault for sending him a “do or leave” Whatsapp message, without proper consultation. This was in contravention of the Covid-19 directives issued by the Minister of […]
The CCMA has ruled that the suspension of an employee who refused to be vaccinated was not an unfair labour practice in terms of the Labour Relations Act. The is the second arbitration award that has gone against an employee who refused vaccination. The dispute involved Ndaka Security and Services and one of their security […]
The CCMA’s decision that the dismissal of an employee who refused to be vaccinated against Covid-19 was substantially fair has generated a considerable amount of interest (see our report). Constitutional law expert Professor Pierre de Vos says the CCMA might have come to a different conclusion if the employee had not based her refusal on […]
The Commission for Conciliation, Mediation and Arbitration (CCMA) decided this month that the dismissal of an employee who refused to be vaccinated was substantively fair. Daniel van der Merwe, the Eastern Cape manager of the Consolidated Employers Organisation, says the CCMA’s decision and the commissioner’s reasoning provide employers with an indication of how the CCMA […]
The Labour Appeal Court (LAC) has ruled that an employee who worked for four years after he reached retirement age was entitled to severance pay based on his entire period of employment, not only the four years after he retired. Werksmans Attorneys says the case is important because the court found that a break in […]
From 1 January next year, Old Mutual employees will have to submit proof that they have been vaccinated against Covid-19. This follows similar announcements in September by Discovery Health and in October by mining service partner Fraser Alexander. Old Mutual’s chief executive, Iain Williamson, said the company has a moral obligation to make decisions that […]
The following article is reproduced from Talking Point, a publication issued by Walkers Attorneys in Cape Town, with their kind permission. Sangoma training and work ethic by Amien Hoosain Kiewits Kroon Country Estate v Johanna Mmoledi, a judgment of the Supreme Court of Appeal on 29 November 2013, concerned a clash of cultures in the […]
