A woman who refused to take the COVID-19 vaccine a year ago has won her case against her employer. The Commission for Conciliation, Mediation and Arbitration, (CCMA) has ruled that the dismissal was substantively unfair and ordered the employer to compensate her for a year’s salary by July 25, 2022.
CCMA senior commissioner, Pieter Venter explains how they arrived at this outcome: “Part of the finding is that the employer was very inflexible in this instance, and listeners must differentiate here because the commissioner also found that there was no health assessment done, there was lack of evidence in this regard and therefore the risk assessment which forms a crucial aspect of mandatory vaccination was not considered,” says Venter.
Senior Commissioner at the CCMA Pieter Venter was interviewed on SAfm’s First Take programme:
VIDEO: Legal opinion on the CCMA’s ruling against an employee dismissed for refusing to get vaccinated was fair