01/02/2022
I believe after reading the arbitration award, that the better question which should have been posed would have been, "how would the anti-Vaxxer's refusal to vaccinate harm or violate the vaccinated" , especially in light of the fact that vaccinations do not provide you with a safeguard against contracting the virus. Put a different way, the only person to be prejudiced by not receiving the vaccination seems to be a non-vexed while the rights and interests of the vaccinated remain firmly secured. I guess time will tell as one will have to test the aforesaid issue against the back drop of the constitution and the application of Section 36 (the General limitation clause).
In what is seemingly the first arbitration award issued by the CCMA pertaining to an employee refusing to vaccinate in accordance with a company's MVP, the CCMA has ruled that the dismissal was indeed fair...
