Goldrush Group Fires Unvaccinated Employee, CCMA Rules in the Company’s Favour

Goldrush Group Fires Unvaccinated Employee, CCMA Rules in the Company’s Favour

  • The Commission for Conciliation, Mediation and Arbitration received a complaint of unfair dismissal from a previous employee of the Goldrush Group
  • The commission found that the employer had acted fairly, because the employee could not adequately fulfil the duties of her job until she was fully vaccinated
  • This case will likely act as a precedent for all cases of its kind as more companies move towards implementing vaccine mandates

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CAPE TOWN - Goldrush Group decided to fire an employee who is unvaccinated and refuses to receive the Covid-19 vaccine. The employee brought a case of unfair dismissal before the Commission for Conciliation, Mediation and Arbitration (CCMA).

The CCMA decided in their ruling that Goldrush was in their right to dismiss the unvaccinated employee, Theresa Mulderiji, because she was not working towards the company's goal of creating a safe and healthy work environment for her colleagues.

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Lungile Matshaka, a commissioner for the CCMA, said that being unvaccinated impairs Mulderiji from performing her duties as a training officer, News24 reports. Matshaka added that the CCMA supports a vaccine mandate and wants such a policy implemented.

Goldrush Group, CCMA, unfair dismissal Covid-19, vaccine, unvaccinated, Commission for Conciliation, Mediation and Arbitration, vaccine mandate
The CCMA ruled in favour of Goldrush Group, which fired an unvaccinated employee. Image: Waldo Swiegers/Bloomberg via Getty Images
Source: Getty Images

The rights of companies who wish to institute vaccine mandates

Irvin Lawrence, a lawyer with employment expertise, said that if companies can prove that being unvaccinated hinders their ability to perform the duties mandated by their job description effectively, they would be in their right to dismiss unvaccinated employees.

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According to SABC News, Larence's remarks follow a directive issued to companies with more than 10 staff members in June 2021. As a result, these companies need to conduct a risk assessment to ascertain which staff members need to be vaccinated.

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Mulderiji's case could set a precedent for complaints of dismissal cases based on the idea that firing an employee for being unvaccinated is unfair.

Reactions to CCMA ruling concerning firing unvaccinated staff

@bwk4r said:

"The world is increasingly becoming a small place for those who refuse to do the sensible thing and get vaccinated."

@Choco_lattay believes:

"Employees in South Africa are not protected at all."

@EttySh remarked:

"If working from home isn't possible then I don't see the company having any choice but to let her go."

@Phumeeh_P shared:

"CCMA is useless anyways! I pray that this woman gets proper lawyers."

@tsheporever asked:

"And when the mandates get nullified, what happens to the dismissed worker?

Covid19 regulations need to go, health experts share opinions on fatigue

Speaking of Covid-related matters, Briefly News previously reported that this March will mark two years since the beginning of the State of Disaster, as announced by President Cyril Ramaphosa.

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Health experts have expressed their belief that the State of Disaster, along with other Covid-19 regulations, should be scrapped as people are experiencing Covid-19 fatigue, which has led to protocols not having their desired effect.

Shabir Madhi, a professor of vaccinology at the University of the Witwatersrand, said that the regulations are disruptive and that Ramaphosa should end the State of Emergency.

Source: Briefly News

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