Uncertain Times for South African Employees
With a record-setting percentage of unemployed South Africans at the end of Q4 2021, we live in uncertain times in South Africa regarding job security and compliance to newly implemented COVID-19 regulations in the workplace. There are several legal disputes that pop up as a result of the newly implemented mandatory vaccination policies in the workplace that allow employers to force their employees to get vaccinated or face retrenchment. Over the past few months, we have seen multiple CCMA rulings that are setting precedents for these cases.
Recent CCMA Rulings
During the COVID-19 pandemic, several people lost their jobs as a result of lockdowns and not being able to get to work and or the employer not having sufficient business or not having the appropriate measures and PPE in place. Although the world acts as if COVID-19 is a thing of the past, the fact of the matter is that it still directly influences the workplace and still poses a life-threatening risk, even if you are vaccinated. As a result, the Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces has been implemented, along with policies and regulations that cover mandatory vaccination in the workplace.
Recent CCMA rulings show that people who didn’t adhere to these policies and chose to rely on their constitutional rights were deemed to be fairly dismissed/retrenched from their jobs – based on additional findings and accusations that deemed the actions of the employer fair within the specified circumstances. These rulings are setting precedents for future cases – laying heavily in favour of the employer and disregarding the employee’s constitutional rights to refuse the COVID-19 vaccine.
Who Can Assist Me in My Time of Need?
If you are faced with a legal dispute regarding your employment, Allardyce & Partners Attorneys is your answer to experts in the domain of Labour and Employment Law in South Africa. Please contact us today on 011 234 2125 or email us at enquiries@allardyce.co.za if you have any enquiries on how we can assist you in your time of need and before possible disastrous consequences can arise due to non-compliance.
