The South African government's official website indicates
that the country has 46.2% of its adult population (over 18 years
of age) vaccinated. This is quite substantial; however, many
employees are still deciding whether to vaccinate and are concerned
that their employment may be affected should they choose not
to.
At present, a recent matter decided in the Commission for
Conciliation, Mediation and Arbitration (hereinafter referred to as
‘the CCMA') provides authority to consider the position
where employers have a mandatory vaccination policy in place, and
employees refuse to get vaccinated.
Factual Background
In Mulderij v Goldrush Group decided at the Johannesburg CCMA
offices, the employee had referred a matter for arbitration. She
submitted that her dismissal from the respondent's employment
due to incapacity based on the grounds that she refused to get
vaccinated constituted a substantively unfair dismissal. As such,
she was to be reinstated or awarded
