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CCMA rules employer mandatory Vaccine Policy unconstitutional

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The Commission for Conciliation, Mediation and Arbitration (CCMA) recently ruled that an employee be compensated a year’s worth salary, after being dismissed for not adhering to the employer’s ‘Mandatory Vaccine Policy’.

Several previous cases ruled the contrary, more or less stating that the employee ‘refused to participate in the creation of a safe working environment’.

In the latest case, the Equality, Freedom and security of the person and limitation of rights clauses of the constitution, were used in the defense.

The employee was awarded nearly 280 thousand rand. Employment and Labour Law specialist, Osborne Molatudi, says despite this, each cases needs to be assessed in their own merit.


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