Only two of 117 mandatory vaccination disputes lodged with the Commission for Conciliation, Mediation and Arbitration (CCMA) have been arbitrated so far, reports City Press.
Neither was in favour of staff who opposed their employers’ mandatory vaccination policy.
According to the CCMA, they had received 117 disputes, had settled 17 cases, had eight cases withdrawn, awarded two cases, and referred one matter to the labour court for adjudication. A further 89 disputes are currently being assessed, the CCMA told City Press. Director Sello Moranjane said having two awards issued in favour of employers does not mean all future rulings will be the same.
“The CCMA cannot release any of the arbitration awards unless by express authorisation from or request submitted by the parties involved. Further, the decisions taken in the said arbitration awards do not imply similar decisions will be made by different commissioners,” Moranjane said.
Compulsory vaccinations have sparked heated debates, with most unions arguing that the policy tramples on workers’ autonomy.
Unfair dismissal
Stirring the controversy pot was the recent CCMA ruling in favour of gaming group Goldrush, which dismissed an employee for refusing to get vaccinated. The CCMA ruled that the dismissal was justified.
Theresa Mulderij, a business and training officer, had been working for the company since 2018. She lodged an unfair dismissal dispute with the CCMA, which ruled that the dismissal was justified.
The National Employers Association of South Africa (Neasa) contended that the dismissal was a bad decision, and that CCMA awards “do not create a precedent, are not binding and are subject to review by higher courts, which may set those decisions aside”.
Legal rights
Mandatory workplace vaccinations – CCMA confirms 117 disputes lodged
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CCMA again rules in favour of employers over mandatory vaccinations
Landmark CCMA decision on dismissal of employee refusing vaccination
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