Earlier this week, the Commission for Conciliation, Mediation and Arbitration (CCMA) came under the spotlight once again for ruling in favour of a security firm’s decision to suspend an employee who refused to get vaccinated.
This is the second ruling this month that deals with COVID in the workplace and which sees the CCMA side with the decision of a company that has suspended an employee for refusing to be vaccinated. The CCMA claims that this decision is fair and in line with the Occupational Health and Safety Act, as per IOL.
According to Commissioner Petrus Venter, the Act requires employers to create a safe work environment for their employees, and that the requirements implemented by the company are in line with the health and safety of all employees.
The ruling was made after Gideon Kok, a Saftey Practitioner at Ndaka Security and Services, had approached the CCMA with the matter. He claimed that he was unfairly suspended after the security company stated he could not return to work if he was not vaccinated. Kok was given the option to take weekly COVID-19 tests, but the company states that this was only completed a few times. However, Kok claimed that these tests are expensive and the company refused to pay for them.
However, he has disputed this. Speaking to Cape {town} Etc, Kok stated:
“On a question to the three person’s at my suspension meeting whether I must still submit the weekly Pathcare results, I was told not to submit any further results. It was not my decision. Up to that stage I duly submitted as requested.”
Kok stated that this was an unfair practice that breached his rights to freedom and security, reports Business Tech.
During the hearing, Kok indicated to the CCMA that he did not believe he needed to be vaccinated as he was not a frontline worker. However, his employer countered this by stating that three risk assessments had been conducted, and in line with the Disaster Management Act, security personnel were on the frontline and, therefore, needed to get the jab.
Additional factors that contributed to Ndaka’s decision to implement mandatory vaccinations for its employees, including Kok, was the fact that Kok shares an office with 10 other employees and had previously been infected with COVID-19. During this time, thorough contact tracing had determined it was possible he had infected several of his co-workers.
Again, Kok has disputed this fact.
“After I contracted Covid on 25 June 2021 everyone ( 10 in the office ) had to isolate. No one contracted any Covid or even symptoms due to my illness. Ironically ( in my absence on suspension ) my office colleague also a safety practitioner contracted Covid 19 and only one in the whole building had to isolate. In the adjacent office, a supervisor contracted Covid and no one had to isolate.”
Commissioner Venter ruled that the company had complied with the Minister’s directives, which ensures that vaccination is not mandatory within the workplace but that places the responsibility on the employer to take into consideration the general duties associated with the Occupational Health and Safety Act.
“The Act goes further, it determines that every employee at work must cooperate with an employer to obey health and safety rules,” the commissioner said.
“I have little doubt that the requirement to vaccinate is nothing less than a ‘reasonable and practical step’ that every employer is required and compelled to take,” he said.
Also Read:
CCMA rules in favour of company who fired an employee for refusing to be vaccinated
Picture: Cape {town} Etc Gallery