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The dismissal for refusal of vaccination at workplace still to be tested by the CCMA



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Legal practitioners say the ruling of the Commission for Conciliation, Mediation and Arbitration (CCMA) which agreed with the employer that dismissed a worker who refused to be vaccinated is still to be tested. They say the introduction of mandatory vaccination by companies should be based on whether the application of policy is built on the country's law and the constitution. Statutory interpretation should concur with aspects such as section 9 of the constitution which deals with the Equality clause that guarantees equal protection before the law, and the Supremacy clause found in the Bill of Rights, among others. Johannesburg Bar Advocate Peter Makhambeni will be representing the National Black Consumer Council in an application to determine the constitutionality of mandatory vaccination in South Africa.


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