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Thursday, 10 October, 2024
HomeMedico-LegalLabour Court orders dismissal of 'reckless' worker who defied COVID-19 regulations

Labour Court orders dismissal of 'reckless' worker who defied COVID-19 regulations

An assistant butcher at Eskort Limited, who defied COVID-19 regulations and went to work even though he had tested positive, has been dismissed by the Labour Court in Johannesburg, reports GroundUp. Judge Edwin Tlhotlhalemaje overturned a previous ruling by the CCMA that Stuurman Mogotsi be reinstated with a final written warning.

The judge said the case raised a topical issue surrounding the fairness of the dismissal on account of gross misconduct and gross negligence. "The facts of this case are, indeed, extraordinary. They are indicative of the need for more to be done at both the workplace and in our communities, ensuring that employers, employees and the general populace are sensitised to the realities of this pandemic<; and to further reinforce the obligations of both employers and employees in the face of it, or event of an exposure," Tlhotlhalemaje said.

Mogotsi, who was a member of the company’s in-house Coronavirus Site Committee, was dismissed last year after being found guilty of gross misconduct for failing to disclose that he had undergone COVID-19 testing and was waiting for his results. A second charge, of gross negligence, related to the fact that he put the lives of his colleagues at risk by reporting for duty after he had tested positive.

After testing positive, Mogotsi was observed in video footage hugging a fellow employee, who had a heart condition. He was also seen walking in the workshop without a mask. Mogotsi claimed that he had informed management about his contact with his colleague who was positive and eventually hospitalised "but he was not given any clear directive as to what to do". He claimed he was now being victimised, and did not know that he needed to self-isolate.

Reviewing the matter, the judge said the CCMA's findings were "entirely disconnected (from) the evidence" and that the disciplinary code was merely a guideline. He said Mogotsi’s conduct was not only irresponsible and reckless but was "inconsiderate and nonchalant in the extreme". 'He ignored all health and safety warnings, advice, protocols, policies and procedures of which he was fully aware given his status as a manager and as a member of the committee. Through his care-free conduct, he placed everyone he had been in contact with at great risk." The judge also questioned the company’s seemingly non adherence to its own "fancy COVID-19 policies".

 

Full GroundUP report (Open access)

 

Full Labour Court judgment (Open access)

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