Jose Jorge | Director | Employment Practice | Cliffe Dekker Hofmeyr Inc (CDH) | mail me |
As with any change in life, the longer it persists, the more we relax into it in order to find some sense of normalcy to continue with our lives. But relaxing into COVID-19 and becoming blasé about protocol is simply not an option until we have achieved immunity as a nation.
This is especially true in the workplace where protocols are increasingly being ignored, or watered down.
Despite the health and economic devastation caused by the pandemic, some people just don’t seem to care.
The Labour Court had to consider one such case in the recent judgment of Eskort Limited v Stuurman Mogotsi. Mogotsi ignored COVID-19 protocol – even after being diagnosed with the illness – and brought a case of victimisation to the CCMA when his employer instituted disciplinary hearings.
The case shows that more needs to be done in the workplace and in the communities to ensure that employers, employees and the general populace are sensitised to the realities of the pandemic and to reinforce the obligations of employers and employees in the face of exposure to COVID-19.
The court found that ‘fancy’ COVID-19 protocols were meaningless if they were not taken seriously. As we prepare for the third wave of COVID-19 in South Africa, this is a warning that must be heeded.
Please read the full article on the case here and get insights on:
- The seriousness of workplace COVID-19 protocol;
- Grey areas in employment contracts which may be seen as leeway for interpretation;
- Lessons from the Eskort Limited v Stuurman Mogotsi case.
