Not so long ago, CEO took a look at particular cases which had surfaced around the country pertaining to mandatory vaccination policies in the workplace. As I’m sure many are aware, this has been a very controversial topic over the past few months. There have been several cases before the CCMA and the Labour Court [...]
The CCMA first determined whether an employer may dismiss an employee based on incapacity in the matter of Theresa Mulderij v Goldrush Group, GAJB 24054-21. The CCMA found the dismissal of an employee due to her permanent incapacity to be fair and upheld the company's dismissal. In this case, the employee was unvaccinated, and her [...]
Mandatory Vaccination Policies are still a hot topic for discussion within the Labour Law sphere. Several notable cases have surfaced over the past year, which has drawn a fair amount of attention. The matter which drew perhaps the most attention was the one of Theresa Mulderjj v Goldrush Group (GAJB 24054-21 – Dated 21 January [...]
In the past two years, the labour industry has been hard hit by the COVID-19 pandemic, and employers have since sought answers and solutions for an unforgiving economic environment. One of the most popular and most controversial topics regarding this is mandatory vaccinations in the workplace and how to go about it. Implementing mandatory vaccinations [...]
The conundrum currently facing employers is employee's safety and the assurance that productivity continues in these trying times. Our President, Cyril Ramaphosa, advised that there will not be mandatory vaccinations, but that has not been the reality on the ground. In terms of the Occupational Health and Safety Act of 85 of 1993, in particular, [...]
In terms of the media statement dated 14 June 2021, issued by the Minister of Employment and Labour, Thulas Nxesi, it was stated that employers should find a reasonable solution for all parties where employees refuse to be vaccinated for medical and constitutional reasons. This was gazetted in the new direction on occupational health and [...]
Whilst government has made it clear that it does not intend on making Covid19 vaccination compulsory for citizens of our country, it remains to be seen how factors such as the availability of the vaccine and the possible mutation of the virus would impact this position in the years to come. With government implementing its [...]