CCMA dismisses application of axed unvaccinated Gold Rush employee

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The CCMA has dismissed an application of an employee of the Gold Rush Group after she was fired for opting not to be vaccinated against COVID-19.

The CCMA ruled that Theresa Mulderij’s dismissal was fair as she did not comply with regulations of the company’s mandatory vaccination policy.

In the arbitration award, the company said it dismissed the employee on grounds that she did not create a safe working environment for her colleagues.

This could be a landmark ruling which could impact other cases in which employees refuse to take the vaccine in companies that have a mandatory vaccine policy.

Unvaccinated staff

In October last year, Employment expert at law firm ENSAfrica, Irvin Lawrence said South African employers may be able to terminate the employment of their unvaccinated staff on the grounds that the employee cannot contractually perform the requirements of their jobs.

Lawrence said a directive came in June requiring all employers with more than 10 employees to do risk assessment process and develop a plan around who needs to be vaccinated versus who does not need to be.

In the video below, Lawrence is being interviewed:

In September,  Cosatu said it rejects mandatory vaccination because South Africa is a democratic state:

Meanwhile, the Health Department says 132 people have succumbed to COVID-19 related complications in the past 24 to 48 hours. This puts the death toll at 94 397.

INFOGRAPHIC: COVID-19 Statistics in SA: