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CCMA: Dismissing an Employee who Refuses to get Vaccinated is now Unfair?!

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Manage episode 415322003 series 3011954
Content provided by Stuff Employers Should Know. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Stuff Employers Should Know or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair.
However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy.
In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?

  continue reading

60 episodes

Artwork
iconShare
 
Manage episode 415322003 series 3011954
Content provided by Stuff Employers Should Know. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Stuff Employers Should Know or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

In January 2022 we recorded an episode outlining the first (of many) awards where the CCMA found that the dismissal of (those) employees who refused to be vaccinated, despite the employers mandatory vaccine policy, were found to be fair.
However, recently in Kgomotso Tshatshu v Baroque Medical (Pty) Ltd, the CCMA awarded an employee the maximum compensation for an unfair dismissal based on operational requirements because the employee did not comply with the company’s mandatory vaccination policy.
In this episode BGD discusses whether this award should be seen as a turning point for mandatory vaccination policies, or was it simply the lack of presenting appropriate (or any) evidence that led to a seemingly contradictory award against the employer?

  continue reading

60 episodes

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