CCMA declares vaccine mandates unconstitutional: What's different in this case?

John Maytham speaks to employment law attorney, Lauren Salt, about the CCMA’s most recent vaccine mandate announcement.

A recent mandatory vaccine ruling involving employer Baroque Medical (Pty) Ltd and the Commission for Conciliation, Mediation and Arbitration (CCMA) has declared vaccine mandates unconstitutional.

The matter involves a disgruntled employee who took legal action against her former employer after failing to adhere to the company's mandatory vaccination policy.

John Maytham speaks to employment law attorney, Lauren Salt, about the CCMA’s most recent mandatory vaccination announcement, which said the mandate was unconstitutional.

I think he was misguided in his approach; I think he misunderstood the enquiry that he was supposed to undertake in so far as the legislation was concerned or the consolidated direction that was concerned.

Lauren Salt, Employment law attorney and employment practice director - ENSafrica

She added that the ruling went down the road of constitutional evaluation, which was not a concrete but rather guesswork decision.

The ruling, however, does not discredit previous rulings regarding vaccine mandates, says the attorney.

There’s no obligation to take notice or defer to the CCMA rulings as there are in other courts. The employer, if they are dissatisfied with the outcome of this arbitration, can take it on review to the Labour Court, which may very well come to a different conclusion.

Lauren Salt, Employment law attorney and employment practice director - ENSafrica

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