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ARTICLE · 30 JULY 2021

Can A Positive Covid Test Get You Fired?

With the unexpected emergence of the COVID- 19 pandemic, many South Africans were caught off guard and left uncertain about how this pandemic would impact the workplace and the employer-employee relationship.

South AfricaEmployment and HR

With the unexpected emergence of the COVID- 19 pandemic, many South Africans were caught off guard and left uncertain about how this pandemic would impact the workplace and the employer-employee relationship. Furthermore, it raised the question of what needs to be done by employers and employees to navigate through this new uncharted world of lockdowns, social distancing and the wearing of face masks. Although many employers and employees embraced the need for and compliance with strict workplace protocols for protection against exposure to COVID – 19, many still do not comply.

Recently ramifications illustrated of non-compliance were in the case of Eskort Limited v Stuurman Mogotsi and Others (JR1644/20) [2021] ZALCJHB 53 (28 March 2021) (the "case").

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