CCMA victory on vaccinations may be the start of a long court battle, lawyer fears

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A recent ruling by the Commission for Conciliation, Mediation and Arbitration has found a workplace mandatory Covid-19 vaccination policy to be unlawful, ordering that an employee’s dismissal for refusing to get the jab was unfair and awarding her a ...

“When considering the equality clauses, freedom and security of the person, limitations of rights, the lack of reasonableness of the rule, government’s response to and the regulations it issued, it becomes unmistakably clear the right to issue any law of general application in respect of Covid-19 vaccinations rests with the government.”“I take into account that the dismissal was substantively unfair — in fact, unconstitutional.

He ordered that the employee should be paid 12 months’ compensation, which amounts to about R279,000.told TimesLIVE it was a victory for his client and other employees who are subjected to similar situations. “She was happy, but this is probably just the start of things. She is not paid yet as per the award.”His firm had represented her on a pro bono basis and if the matter was taken to the labour court, it would be difficult for her to afford a legal representative, Masongo said.He said according to his experience, the review could take a year.contrast with a previous ruling by another commissioner relating to the same employer and the same mandatory vaccination policy.

Tshatshu, who produced medical certificates from doctors regarding her health, challenged the implementation of the policy. She argued that meetings were mostly being done remotely, she was given a laptop and worked alone in a boardroom and social distancing and other protocols were in place. She did not see the need for the vaccine mandate.

Source: Law Daily Report (lawdailyreport.net)

 

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I wonder what the pro-vaxers are saying now 🤭🙌

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