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DISMISSED FOR REFUSING TO VACCINATE
Duncan Korabie Attorneys hired Mr Dreyden as a candidate attorney in 2018. The firm did work related to the Zondo Commission and had experienced cyber attacks as well as a physical break in, so due to their vulnerability to security breaches, staff could not work from home. Mr Korabie suffers from a serious medical condition and after the outbreak of Covid-19 was advised by his doctors to minimise his exposure to the virus as far as possible. The firm had an open plan layout and there was no scope for isolated work areas. The firm required all staff to be vaccinated and Mr Dreyden was dismissed when he refused. Two commissioners at the CCMA considered whether his dismissal was substantively and procedurally unfair (three had initially been assigned due to the novel nature of the disputes arising from mandatory vaccination in the workplace).

Commissioner Everett and Commissioner Warwick discuss the firm’s vaccination policy; the communications to the staff; Mr Dreyden’s contentions that there is no law requiring mandatory vaccination; and the reasons for his refusal to vaccinate. At para [75] the commissioners set out the key requirements for an employer when implementing a mandatory vaccination policy in the workplace. Each case must be decided on its own merits and at para [78] the factors that might be relevant are listed.

In the circumstances of this case, it is found that Mr Dreyden was incapable of performing his duties for the firm and as there was no alternative way to accommodate him, the dismissal was substantively fair. However, the firm fell short in procedural fairness and the level of consultation was not sufficient, Mr Dreyden being advised by Whatsapp message that his services were terminated. Compensation of one month’s pay plus four weeks’ notice is ordered.

Employers contact us for an advisory consultation before implementing Mandatory Vaccination Policies and Employees feel free to consult with us when faced with the same situation.

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*‼️BREAKING NEWS‼️*
*ACDP WINS CCMA CASE IN CAPE TOWN*

*WATCH THE VIDEO* - here or below https://t.me/offthegridnow/590

Mr Wayne Prince was unfairly dismissed from his job for refusing to vaccinate. He stood firm on his constitutional right to bodily integrity.

With the help of the Lord and the ACDP, Mr Prince is now going back to work on a promotion.

*HE REMAINS UNVACCINATED!*

Thank you to Rev Kenneth Meshoe, Lawyer Bongani Luthuli, the ACDP leadership and members for fighting for the constitutional rights of South Africans.

*What are your thoughts?* Comment on our chat group.

Off The Grid Channel ‼️ BREAKING NEWS ‼️ ACDP WINS CCMA CASE IN CAPE TOWN Mr Wayne Prince was unfairly dismissed from his job for refusing to vaccinate. He stood firm on his constitutional right to bodily integrity. With the help of the Lord and the ACDP, Mr Prince is now going back to work on a promotion. HE RE...