The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that an employee be compensated a year’s worth salary after being dismissed for not adhering to the employer’s Mandatory Vaccine Policy.
This year, in many cases the CCMA ruled that employers had the right to dismiss employees who refused to adhere to the Mandatory Vaccine Policy, however, in its latest case, it has ruled that the dismissal was unfair.
CCMA RULES IN FAVOUR OF EMPLOYEE ON MANDATORY VACCINE POLICY
The matter was heard on 6 and 8 June 2022 and was a dismissal dispute relating to operational requirements. The ruling was made on 22 June.
According to the Commissioner, Richard Byrne, the basis of the dismissal related to non-compliance with the employer’s Vaccine Mandate Policy.
“The Head office of the CCMA decided that these matters were ‘red line’ and chose specific Commissioners to deal with them. This award is not the first to deal with the issue, and also not the first concerning the same employer,” he said.
Byrne said that when one considers the Equality Clause (section 9 of the Constitution), Freedom and security of the person (section 12 of the Constitution), limitation of rights (section 36 of the Constitution), the lack of reasonableness of the rule, Government’s response to and the Regulations it issued, it becomes unmistakably clear that the right to issue any law of general application in respect of Covid-19 vaccinations rests with Government.
“An employer has no right to formulate any Covid-19 Vaccination Mandate. It is the prerogative of Government. The rule regarding vaccinations was therefore unreasonable. It follows that the dismissal of the Applicant was substantively unfair.”
The dismissed employee said she does not wish to be reinstated.
“I take into account that the dismissal was substantively unfair, in fact unconstitutional. The dismissal should not have occurred, and the Applicant has lost employment she has had for years due to, in effect, the employer’s breach.”
The dismissed employee was awarded 12 months’ compensation which amounts to 23 300X 12 months = R279 600.