Forwarded from Jarette Petzer (Jarette Petzer)
Dear employer
The recent arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has been circulating prodigiously.
This award will, no doubt, influence many employers’ decision to dismiss employees who refuse to ‘vaccinate’.
However, employers are cautioned that this award, for the following reasons, does not diminish the risk to employers to have an adverse finding made against them, should they decide to follow this route:
an arbitration award does not create precedent, and is therefore not binding on other Commissioners;
only the substantive fairness of the dismissal was in dispute and the laborious procedural requirements were not canvassed at all;
the employee was unrepresented and a lot of important, unanswered questions were not raised;
the question as to whether mandatory ‘vaccinations’ are reasonable and lawful limitations of constitutional rights, remains unanswered;
there is no certainty as to whether this type of policy may be introduced under the auspices of the Occupational Health and Safety Act, as Covid-19 is not a workplace safety issue, but a public health issue. The Supreme Court of the United States of America recently ruled that a mandatory ‘vaccination’ policy is not a workplace issue and can therefore not find application under the American Health and Safety Act. Our courts are yet to determine this issue; and
each individual case, and the operations of each particular workplace, will have to be assessed on its own merits. The award does not create a carte blanche for employers to do as they see fit.
Employers will, therefore, be well advised to approach this issue with extreme caution until our courts have provided legal certainty and clarity.
For more information:
NEASA Media Department
media@neasa.co.za
The recent arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has been circulating prodigiously.
This award will, no doubt, influence many employers’ decision to dismiss employees who refuse to ‘vaccinate’.
However, employers are cautioned that this award, for the following reasons, does not diminish the risk to employers to have an adverse finding made against them, should they decide to follow this route:
an arbitration award does not create precedent, and is therefore not binding on other Commissioners;
only the substantive fairness of the dismissal was in dispute and the laborious procedural requirements were not canvassed at all;
the employee was unrepresented and a lot of important, unanswered questions were not raised;
the question as to whether mandatory ‘vaccinations’ are reasonable and lawful limitations of constitutional rights, remains unanswered;
there is no certainty as to whether this type of policy may be introduced under the auspices of the Occupational Health and Safety Act, as Covid-19 is not a workplace safety issue, but a public health issue. The Supreme Court of the United States of America recently ruled that a mandatory ‘vaccination’ policy is not a workplace issue and can therefore not find application under the American Health and Safety Act. Our courts are yet to determine this issue; and
each individual case, and the operations of each particular workplace, will have to be assessed on its own merits. The award does not create a carte blanche for employers to do as they see fit.
Employers will, therefore, be well advised to approach this issue with extreme caution until our courts have provided legal certainty and clarity.
For more information:
NEASA Media Department
media@neasa.co.za
Forwarded from The Organic Humanity Movement (The Organic Humanity Movement)
YouTube
The Building Blocks Of A Civil Society
#LiberateSA
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Forwarded from Jarette Petzer (Jarette Petzer)
https://youtu.be/ux5qVJEyyo8 Please subscribe to my channel & share!
YouTube
Trigger Alert!
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Forwarded from Pro Choice SA
Forwarded from Pro Choice SA
🚨IMPORTANT ANNOUNCEMENT🚨
NB* Calling all teachers and parents of Curro
Please watch this video, join if applicable and SHARE!
https://fb.watch/aSvNFGi7K9/
NB* Calling all teachers and parents of Curro
Please watch this video, join if applicable and SHARE!
https://fb.watch/aSvNFGi7K9/
Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
00DEZZ - Keeping the best for last.
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Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
BEWARE Unvaccinated Employees! Do not Approach the CCMA!
The CCMA recently made awards against two self-represented employees who were prejudiced by not getting injected with any COVID-19 candidate vaccine.
Reyno De Beer analyses these awards and shares reasons why these types of matters should never go to the…
Reyno De Beer analyses these awards and shares reasons why these types of matters should never go to the…
Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
TIME TO FACE THE MUSIC!
Join me tonight at 7pm! 👉🏼 https://youtu.be/P3FJucgA3xY
Forwarded from Jarette Petzer (Jarette Petzer)
https://youtu.be/0jsG84MjZjk
Consider what is happening globally right now and apply your mind to not what you see, but what you are NOT seeing
Consider what is happening globally right now and apply your mind to not what you see, but what you are NOT seeing
YouTube
Chaos to bring ORDER
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Forwarded from Jarette Petzer (Jarette Petzer)
https://youtu.be/3QNcVOniCN4
Finally managed to get this out last night. Here it is for a home who gave up on the live feed or missed it
Finally managed to get this out last night. Here it is for a home who gave up on the live feed or missed it
YouTube
Time to Face The Music
Join me tonight as I unpack an incredibly powerful article written by Brian Pottinger - Someone with an impeccable track track record and a stinging view on holding those who have crippled our nation to account!
You can now join this channel as a member…
You can now join this channel as a member…
Forwarded from Jarette Petzer (Jarette Petzer)
You Can Now Be Ordered Into Isolation Thanks to New Covid Regulation - Thanks Gov! https://youtu.be/PWfZo1rTpX4
This is INSANITY but hardly surprising. Please SHARE this. The Public needs to know what is going on here!
This is INSANITY but hardly surprising. Please SHARE this. The Public needs to know what is going on here!
Forwarded from Jarette Petzer (Jarette Petzer)
Please help by sharing or printing out and distributing
Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
Response to Reyno. State Wants All. Protect The Kids!
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Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
THE WAR HAS BEGUN! But, like three years ago already
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Forwarded from Pro Choice SA
https://fb.watch/bo8nm-PYH_/ some sharp u-turns being made here!
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Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
People Keep Asking: "What I Can Do?" - OHM Answered!
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Forwarded from Jarette Petzer (Jarette Petzer)
https://youtu.be/45dJiFMbksA
Here is the truth folks, unfiltered un-subverted truth.
Ignore this and you will have nobody to blame.
Get ready
Here is the truth folks, unfiltered un-subverted truth.
Ignore this and you will have nobody to blame.
Get ready
Forwarded from Jarette Petzer (Jarette Petzer)
🚨WARNING!!!!🚨
There are some fake profiles of OHM members on Facebook. Someone/ some people are taking OHMIES profile pictures and names, creating new profiles and sending friend requests to anyone related to OHM.
The fake profiles have been reported to Facebook.
PLEASE be wary with all interactions online.
There are some fake profiles of OHM members on Facebook. Someone/ some people are taking OHMIES profile pictures and names, creating new profiles and sending friend requests to anyone related to OHM.
The fake profiles have been reported to Facebook.
PLEASE be wary with all interactions online.
Forwarded from Jarette Petzer (Jarette Petzer)
YouTube
Subversion is Rife!
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Forwarded from Jarette Petzer (Jarette Petzer)
https://youtu.be/xztlIwcaglc
BREAKING: Universities Alliance Heads to Concourt!
Join me tonight as 9pm for more!
BREAKING: Universities Alliance Heads to Concourt!
Join me tonight as 9pm for more!
YouTube
BREAKING: Universities Alliance Heads to Concourt!
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Forwarded from Jarette Petzer (Jarette Petzer)
I have been saying this for ages now https://www.dailywire.com/news/adam-carolla-says-reason-why-kids-have-been-forced-to-mask-in-schools-is-much-worse-than-covid?utm_source=facebook&utm_medium=social&utm_campaign=benshapiro&fbclid=IwAR3JHYn8tIiqi_TELPH2F8GGfNkAK-9VU62hWnqauOfHK-zKQHcasGMGs-w
The Daily Wire
Adam Carolla Says Reason Why Kids Have Been Forced To Mask In Schools Is Much Worse Than COVID
Adam Carolla said the reason why kids have been forced to mask in schools two years after the start of the pandemic is worse than them getting COVID-19 and all about making them “good subjects.”