Labour Law – The CCMA Upholds the Dismissal of an Unvaccinated Employee

In a recent Labour case, the Commission for Conciliation, Mediation, and Arbitration (CCMA) found that a company’s dismissal of an unvaccinated employee was fair and completely within their legal rights. This ruling solidifies the fact that employers in South Africa have the right to enforce mandatory vaccination policies and dismiss those who refuse to get the jab. In this case, the employee stood on her constitutional rights in an attempt to fight for her position at the company by taking her employer to the CCMA for wrongful/unfair dismissal after refusing to get the jab. However, the CCMA ruled in her employer’s favour.

Reasons for Dismissal Regarding COVID-19 Vaccination

As an employer, it is your responsibility to create a safe working environment for your employees, especially when your employees directly interact with customers. In the midst of COVID-19, the most logical step would be to enforce mandatory vaccinations throughout your company. This brings us to the reason behind the dismissal of the employee who lost her CCMA case. According to her employer, she created an unsafe working environment for her colleagues by not being vaccinated, despite the scientific fact that the vaccination does not stop the COVID-19 virus from spreading or being contracted by those who are vaccinated, and merely eases the symptoms of the virus when vaccinated.

What is the Solution?

Within the confines of the South African Labour and Employment Laws, we have seen some ground-breaking Labour Court and CCMA rulings over the past few months, shaping the future of Labour Law practice in this country, and establishing several precedents surrounding the legalities of mandatory vaccination policies for employees. Therefore, as an employee in these uncertain times, you need Labour Law experts in your corner when faced with a legal dispute with your employer.

Allardyce & Partners Attorneys is your answer to Labour Law experts in Gauteng. Please contact us today on 011 234 2125 or email us at for details on how we can assist you on a legal front.

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