TimesLive reports that the Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that the dismissal of a woman who refused to be vaccinated against Covid-19 was justified.
Theresa Mulderij of Johannesburg worked since 2018 as a business-related and training officer at Goldrush Group. She lodged a dispute with the CCMA for unfair dismissal after she was fired for refusing to be vaccinated against Covid-19. Her case, at which Mulderij represented herself, was heard on 10 January and the verdict was delivered on 20 January. Goldrush told the CCMA it had implemented mandatory vaccination after consultations with employees and unions over three months. An overview of the benefit of vaccinating had been provided to employees who attended the consultations. Mulderij, however, refused to get vaccinated. According to the company, there was no other position in which she could be placed as she interacted with site owners and other employees. CCMA commissioner Lungile Matshaka noted that the company had an exemption clause as part of its policy, which Mulderij had unsuccessfully applied for. It emerged during the hearing that she had consulted doctors to obtain a medical exemption, but they had declined to provide her with one. She then asserted her constitutional right to bodily integrity. Matshaka found Mulderij had been permanently incapacitated as a result of her refusal to be vaccinated and, by implication, “refusing to participate in the creation of a safe working environment”. “I can only conclude that the applicant’s dismissal was fair,” he said.
- Read the full original of the report in the above regard by Nomahlubi Sonjica at BusinessLive
- Lees ook, Afdanking oor inenting was regverdig – KVBA, by Maroela Media
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