The recent Commission for Conciliation, Mediation and Arbitration (CCMA) ruling in favour of mandatory vaccinations is likely to strongly influence the decision to dismiss employees who refuse to vaccinate.
in favour of mandatory vaccinations is likely to strongly influence the decision to dismiss employees who refuse to vaccinate, says the National Employers Association of South Africa
The question as to whether mandatory ‘vaccinations’ are reasonable and lawful limitations of constitutional rights, remains unanswered, it said. Anastasia Vatalidis, director and head of Labour & Employment Practice at Werksmans Attorneys, said the ruling had set the cat amongst the pigeons but was certainly not the final word on mandatory vaccinations., Vatalidis said legal experts have been waiting with bated breath for some indication from the country’s courts and tribunals, with the recent ruling providing affirmation to employers that they are in the right by introducing mandates.
“Seeing as the current matter is still novel in nature, it is highly probable that either this arbitration award – or many more that are sure to come on this topic – will find their way to either the Labour Court or the Constitutional Court.
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