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South Africa: CCMA finds a company's decision to dismiss an unvaccinated employee 'substantively fair'

In an arbitration award issued on Friday, 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) found that an employer who dismissed an employee for incapacity for refusing to be vaccinated in line with its vaccination policy had acted fairly. This is the first arbitration award to be issued by the CCMA on the contentious issue, following decisions by many employers to implement mandatory vaccination policies at their workplaces. In terms of the current Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces, issued by the Minister of Employment and Labour (OHS Direction), employers are permitted to introduce vaccination policies in certain circumstances, following a risk assessment and in consultation with representative trade union/s and the employer’s health and safety committee/representative. ....

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CCMA vaccination dismissal ruling unlikely to be final word on issue

CCMA vaccination dismissal ruling unlikely to be final word on issue
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