Employers are likely to use the latest ruling by the Commission for Conciliation, Mediation and Arbitration to dismiss employees who refuse to be vaccinated against Covid, labour experts have warned. The CCMA has pronounced against Johannesburg-based Goldrush Group staffer Theresa Mulderij, who lodged a dispute with the commission for unfair dismissal, after she was fired for refusing to be vaccinated against the pandemic.
In what has been seen as the first South African case of a dismissal of an anti-vaccine employee, labour experts were on Thursday unanimous in their response to the Mulderij hearing outcome – that it was set to be used by employers in dealing with workers resisting vaccination. “This type of scenario doesn’t fall within the known definition and scope of incapacity dismissals and, consequently, this renders the award reviewable.In reaching his decision, the commissioner considered that:
To all those employers thinking CCMAofficial is God,try us,you ain't gonna know what hit y'all.CCMA has been known to be corrupt these commissioners accept brown envelopes in most cases in order to rule in favour of the employers but we are willing to take it to labour court.
'Employees likely to use the fact that the CCMA is a mediation forum & not a court of law.'
Getting rid of the selfish is never a bad thing.
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