Dylan Bettencourt
The Commission for Conciliation, Mediation and Arbitration (CCMA) ruled that a company acted fairly in firing an employee who refused to be vaccinated against Covid-19.
“In my own sense of fairness, I can only conclude that the applicant is permanently incapacitated on the basis of her decision to not get vaccinated,” said CCMA commissioner Lungile Matshaka in an arbitration granted on 21 January.
Matshaka ruled that Theresa Mulderiji’s sacking by the Goldrush Group was substantively fair. Mulderiji was a business-related and training officer for the company for three years.
The company implemented their vaccine mandate in January this year and said they had spent the last three months consulting their workers and several different unions.
Workers had to confirm the receipt of the mandatory workplace vaccine mandate which was explained to them in detail. Employees were granted the opportunity to apply for vaccine exemption which was to be reviewed by a committee.
A representative from the company told the CCMA that the mandate was implemented to protect their workers and clients.
“Due to the nature of Mulderiji’s job, working face-to-face with people on a regular basis, it was imperative she took the vaccine,” said the representative.
A company witness testified that her co-worker refused to be vaccinated despite the threat of losing her job.
Mulderiji, in her evidence to the CCMA, said that it was her constitutional human right to refuse the jab.
The arbitration concluded that Mulderiji felt high levels of social pressure and emotional discomfort after being made to choose between her job and taking the Covid-19 vaccine.
