Fired for coming to work with COVID-19

25 May 2021
South African Accounting Academy

In a recent judgment, Eskort Limited v Stuurman Mogotsi and others, the court was not only critical of employees who act with scant regard for the health and safety of their colleagues and customers, but also cautioned employers to act more decisively in ensuring the health and safety of their staff

Employers may take a cue from this judgment to be more robust in managing employee conduct in the workplace where it impacts the health and safety of employees and customers. Employees who fail to adhere to Covid protocols should expect little sympathy from employers, the employment tribunal or the court. Employers need not pussyfoot around employees who act callously or harbour conspiracy-theory or unorthodox views about the impact of the virus where this impacts on their workplace conduct. Failing to believe in the impact of the virus is not likely to be a valid defence against dismissal for refusing to adhere to workplace protocols.

Click here to download the case file:

http://www.saflii.info/za/cases/ZALCJHB/2021/53.pdf

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