CCMA Rules Woman Was Unfairly Dismissed for Refusing to Take Covid-19 Vaccination, Awarded R279K

• A woman who refused to take the Covid-19 vaccination will receive an amount of about R279 000 for her unfair dismissal
• Advocate Vusi Masango who represented her said it was a victory for other employees in a similar situation
• Senior CCMA Commissioner Richard Byrne found that an employer has no right to formulate a Covid-19 vaccination mandate

JOHANNESBURG - A woman who refused to take the Covid-19 vaccination will receive 12 months’ compensation after the Commission for Conciliation, Mediation and Arbitration (CCMA) found that her workplace mandatory policy was unlawful.

Kgomotso Tshatshu was awarded an amount of about R279 000 for her unfair dismissal. Advocate Vusi Masango who represented the woman against Baroque Medical said it was a victory for other employees in a similar situation.

Speaking to TimesLIVE, Masango said the matter was important and could likely be reviewed by the labour court. The judgement found by Senior CCMA Commissioner Richard Byrne found that an employer has no right to formulate a Covid-19 vaccination mandate. He said that the government has not unfairly discriminated against anyone in terms of vaccine policies.

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Byrne said no legislation was passed requiring all employees or citizens to be vaccinated. He added that the dismissal was unfair and unconstitutional. SowetanLIVE reported that Byrne added that the dismissal should not have occurred, and Tshatshu has lost employment she had for years due to, in effect, the employer’s breach.

CCMA ruling says employers can retrench employees who refuse to get Covid19 vaccination, without severance pay

In a related matter, Briefly News also reported unvaccinated employees could be retrenched without severance pay if they refuse to take the Covid-19 jab, according to a ruling from the Commission for Conciliation, Mediation and Arbitration (CCMA). In the arbitration between Cecilia Bessick and Baroque Medical, the CCMA had to determine if she was unfairly retrenched and if she was entitled to severance pay.

The case was “relatively simple” according to the law firm of Cliffe Dekker Hofmeyr (CDH). Baroque Medical is a supplier of medical devices and determined that Covid-19 vaccinations are compulsory for staff, however, Bessick refused to be vaccinated based on “medical, personal and religious reasons”.

Source: Briefly News