In a landmark award, South Africa’s Centre for Conciliation, Mediation and Arbitration (CCMA) has sided with an employer that dismissed an employee for refusing to get vaccinated against covid-19. Lawyers say the first-of-its-kind ruling should give employers confidence in implementing vaccination policies.
In an arbitration hearing, the CCMA had to decide whether the Goldrush Group’s termination of Theresa Mulderij following her refusal to be vaccinated was “substantively fair” and, if not, to consider whether she should be reinstated or fully compensated.