The Labour Court in Cape Town has ruled that a medical equipment supplier's dismissal of an employee, without severance pay, for operational requirements after she refused to have a Covid vaccination in line with the company's mandatory policy was substantially unfair.
Acting Judge Maria Mokhoaetsi reviewed and set aside a Commission for Conciliation, Mediation and Arbitration (CCMA) award and ordered Baroque Medical (Pty) Ltd to pay the former employee compensation equal to 12 months' remuneration calculated at the employee's rate of remuneration on the date of her dismissal.
The employee had worked for Baroque Medical for 22 years as an invoicing clerk and was 18 months away from compulsory retirement.
Baroque Medical supplies medical devices to various disciplines in the industry and was classified as an essential service during the Covid pandemic.
CCMA ruling
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