The Commission for Conciliation, Mediation and Arbitration (CCMA) recently found that a company’s decision to fire an employee who refused to be vaccinated was fair.
Theresa Mulderji, an employee of the Gold Rush Group, took her former workplace to the CCMA after she was fired for failing to comply with company’s vaccinate mandate.
The company said that she was fired because she did not create a safe working environment for her colleagues.
CCMA Commissioner Lungile Matshka ruled that the dismissal was “substantively fair” and dismissed the complainant’s application.
“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 and, by implication, refusing to participate in the creation of a safe working environment,” said Matshka.
The CCMA heard that the fact that the complainant was in a public-facing-job she could not be moved to another position. The Gold Rush Group Executive decided to implement the mandatory vaccination policy in 2021 after spending three months in consultation with employees and their unions.
Employees were given the opportunity to apply for exemption but Mulderji refused to be vaccinated with the defense that it was her Constitutional right to refuse.
The arbitration added that the complainant felt under pressure because she had to decide between earning a living and taking the vaccine.
Sources: TW News, MSN
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