Yesterday one of the stories that was trending throughout the day was that of the CCMA dismissing an application of an employee of the Gold Rush Group after she was fired for opting not to be vaccinated against COVID-19. The Commission ruled that Theresa Mulderij's dismissal was fair as she did not comply with regulations of the company's mandatory vaccination policy. In the arbitration award, the company said it dismissed the employee on grounds that she did not create a safe working environment for her colleagues. This then brings to the question of rights of an employee vs the rights of the employer. Where do we find the balance?

 

Guest: Advocate Tertius Wessels - Advocate and Legal Director: Strata-g Labour Solutions

 

Guest: Zwelinzima Vavi - General-Secretary of the South African Federation of Trade Union