The Labour Court has already urged employers to act robustly against employees who flouted the COVID-19 regulations, and this was confirmed in a recent CCMA case.
In Ngcobo v East Coast Board (Pty) Ltd (2021) 8 BALR 826 (CCMA), the employee breached the Health and Safety rules by not wearing a facemask during working hours. He was dismissed after receiving a previous final warning for the same offence. The employee made light of the rule and claimed that the incident occurred when the lockdown had been relaxed.
The CCMA found the employee’s claims irresponsible. The employee conceded that people could be infected if workers do not wear masks, and the commissioner subsequently found the dismissal fair.
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