A former Checkers employee was unsuccessful in his bid to get his job back after being fired for failing to wear a mask during the Covid-19 outbreak, the court saying he had been well aware of the rules and legal mandates at the time.
IOL reports that Kamogelo Ramogotwane, through the South African Commercial, Catering and Allied Workers Union (SACCAWU), brought a review application in the Johannesburg Labour Court seeking to overturn a decision made by the Commission for Conciliation, Mediation and Arbitration (CCMA).
Ramogotwane had, during the CCMA proceedings, acknowledged his failure to wear a mask – a requirement imposed both by his employer and governmental health regulations at the time, but argued that he should have received a warning rather than be dismissed.
However, the Commissioner said Ramogotwane was fully aware of the rules set by Checkers and that a dismissal was appropriate due to the consequences of not wearing a mask.
Acting Judge Malcolm Lennox, tasked with reviewing the case, focused on whether the CCMA’s determination that Ramogotwane's dismissal was justified constituted a gross irregularity.
He said evidence reflected that Checkers had a briefing discussion during a staff meeting held in January 2021 where employees were told to wear masks.
At the time of the incident, masks were compulsory, and it was known they had to be worn at work. In addition, Checkers stated that it had already dismissed several employees for similar infringements, indicating a consistent approach to enforcement of its health policies.
The judge found no evidence that Checkers was operating in a vengeful manner or from a position of moral outrage, and subsequently dismissed Ramogotwane’s application.
See more from MedicalBrief archives:
Labour Court orders dismissal of ‘reckless’ worker who defied Covid-19 regulations
CCMA: Zero-severance retrenchment for jab refusal is fair
Staff vaccine mandates halted at Woolworths, Dis-Chem
Mandatory vaccinations: ‘South Africa’s looming vaccine revolt’